
aass_Xj&^5L2 
Book // ^ _ 

7 



1905 



COMPILATION 



OF THE 



SCHOOL LAWS 



OF THE 



Territory of New Mexico 



PREPARED UNDER THE SUPERVISION 
OF 

HIRAM HADLEY, 

SUPERINTENDEiMT OF PUBLIC INSTRUCTION, 

SANTA FE. NEW MEXICO. 

1905 



LAS VEGAS, N. M. 
THE OPTIC COMPANY 
■ 1905 



1905 




COMPILATION 



OF THE 



SCHOOL LAWS 



OF THE 



Territory of New Mexico 



/ 



PREPARED UNDER THE SUPERVISION 
OF 

HIRAM HADLEY, 

/ SUPERINTENDENT OF PUBLIC INSTRUCTION^ 

SANTA Fe, New Mexico 



LAS VEGAS 
THE OPTIC COMPANY 

1905 



Li) as^^ 



This Volume 
Is Territorial Property 

And is for the use of . . 

of School District No . . 

X'Ounty of Territory of New Mexico. 



rS(Jh0<?l officers on retiring from office are required by law 
to deliver this volume, with all other books and documents 
of an official character, to their successors in office. 



Bytransier 

APR 1O180S 



COMPILATION 

OF THE 

School Laws of New Mexico. 



A COMPILATION OF THE SCHOOL LAWS OF THE TERRITORY 
OF NEW MEXICO, INCLUDING THOSE ENACTED BY THE 
LEGISLATIVE ASSEMBLY AT ITS SESSIONS IN 1903 AND 
1905. 



ORGANIC ACT. 



:;Sec. 15. — Organic Act. Sections Sixteen and Tliirty-Six in Each 
Townsiiip of Territories to be Reserved for School Purposes. 



"AND BE IT FURTHER ENACTED, That when 
the lands in said territory shall be surveyed under the direc- 
tion of the government of the United States, preparatory to 
bringing the same into market, sections numbered sixteen and 
thirty-six in each township in said territory shall be, and the 
Same are hereby reserved for the purpose of being applied to 
■schools in said territory, and in the states and territories 
thereafter to be erected out of the same." 



COMPILATION OF THE SCHOOL LAWS 



U. S. STATUTES. 



Forty-Ninth Congress, First Session. 



CCCLXII. 



AN ACT TO Provide for the Study of the Nature of 
Alcoholic Drinks and Narcotics^ and of their 
effects upon the Human System^ in connection 
with the Several Divisions of the Subject of 
Physiology and Hygiene, by the pupils in the 
Public Schools of the territories and of the Dis- 
trict of Columbia, and in the Military and Naval 
Academies, and Indian and Colored Schools in 
THE Territories of the United States. 



U. S. stats. 49th Cong., 1st Sess., Chap. CCCLXII. — Sec. 1. — Special- 
Instruction Regarding Effects of Alcoholic Drinks and 
Narcotics on Human System to be Taught 
in Territorial Schools. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress Assembled: 

Sec. I. That the nature of alcohoHc drinks and narcot- 
ics, and special instruction as to their effects upon the human 
system, in connection with the several divisions of the subject 
of physiology and hygiene, shall be included in the branches 
of study taught in the common or public schools, and in the 
military and naval schools, and shall be studied and taught 
as thoroughly and in the same manner as other like required 
branches are in said schools, by the use of text books in the 
hands of pupils where other branches are thus studied in said 
schools, and by all pupils in all said schools throughout the 
Territories, in the military and naval academies of the United 
States, and in the District of Columbia, and in all Indian and 
colored schools in the Territories of the United States. 



OF THE TERRITORY OF NEW MEXICO. 



Sec. 2. — School Officers to Enforce Provisions of Sec. 1., and Failing 
to do so, Shall be Removed from Office. 

That it shall be the duty of the proper officers in control 
of any school described in the foregoing section to enforce the 
provisions of this act; and any such officer, school director, 
committee, superintendent, or teacher, who shall refuse or 
neglect to comply with the requirements of this act, or shall 
neglect or fail to make proper provisions for the instruction 
required and in the manner specified by the first section of 
this act, for all pupils in each and every school under his 
jurisdiction, shall be removed from office, and the vacancy 
filled as in other cases. 

Sec. 3. — Teachers' Certificates to be Refused Persons not Passing 

Satisfactory Examination in Physiology and Hygiene 

With Special Reference to Systematic Effects 

of Alcoholic Drinks and Narcotics. 

That no certificate shall be granted to any person to teach 
in the public schools of the District of Columbia or Terri- 
tories, after the first day of January, Anno Domini i888, who 
has not passed a satisfactory examination in physiology and 
hygiene, with special reference to the nature and the effects 
of alcoholic drinks and other narcotics upon the human sys- 
tem. 

Approved May 20, 1886. 



U. S. STATUTES. 



Chapter DCCCXVIII of U. S. Stats.— Territorial Legislatures Shair 
Not Pass Local or Special Laws in Certain Cases. 

"That the legislatures of the territories of the United 
States now or hereafter to be organized shall not pass local or 
special laws in any of the following enumerated cases, that 
is to say : 

* * * "For the assessment and collection of taxes 
for territorial, county, township, or road purposes." 

^ * * 'Troviding for the management of com- 
mon schools." 

* * '■' "The opening and conducting of any elec- 
tion or designating the place of voting." 

'^ ''^ * "Remitting fines, penalties or forfeitures." 

* * '^ "Creating, increasing or decreasing fees^ 
percentage or allowances of public officers during the term 
for which said officers are elected or appointed." 

* * * "Granting to any corporation, association, 
or individual any special or exclusive privilege, immunity, or 
franchise whatever." 

In all other cases where a general law can be made ap- 
plicable, no special law shall be enacted in any of the territo- 
ries of the United States bv the territorial legislatures there- 
of." 

Chapter DCCCXVIII of U. S. Stats. Sec. 3. Territorial Legislatures 

Shall not Contract Territorial Debts Except 

in Certain Cases Enumerated. 

That no law of any territorial legislature shall authorize 
any debt to be contracted by or on behalf of such territory 
except in the following cases : To meet a casual deficit in 
the revenues, to pay the interest upon the territorial debt, to 
suppress insurrections, or to provide for the public defense, 
except that in addition to any indebtedness created for such 
purposes, the legislature may authorize a loan for the erection 
of penal, charitable or educational institutions for such ter- 
ritory, if the total indebtedness of the territory is not thereby 



COMPILATION OF THE SCHOOL LAWS 



made to exceed one percentum upon the assessed value of the 
taxable property in such territory as shown by the last gener- 
al, assessment for taxation. And nothing in this act shall be 
construed to prohibit the refunding of any existing indebted- 
ness of such territory or of any political or municipal corpor- 
ation, county, or other sub-division therein. 

Chapter DCCCXVIII of U. S. Stats. — Sec- 4. Territorial Counties and 

Otiier Sub-Divisions Shall not Incur Debts Aggregating 

More Than Four Percentum on the Value of 

Taxable Property of Such Sub-Division. 

That no political or municipal corporation, county, or 
other subdivision in any of the territories of the United States 
shall ever become indebted in any manner or for any purpose 
to any amount in the aggregate, including existing indebted- 
ness, exceeding four percentum on the value of the taxable 
property within such corporation, county, or sub-division, to 
be ascertained by the last assessment for territorial and countv 
taxes previous to the incurring of such indebtedness, and all 
bonds or obligations in excess of such amount given by such 
corporation shall be void: That nothing in this act contained 
shall be so construed as to affect the validity of any act of any 
territorial legislature heretofore enacted, or of any obligations 
existing or contracted thereunder, nor to preclude the issuing 
of bonds already contracted for in pursuance of express pro- 
visions of law ; nor to prevent any territorial legislature from 
legalizing the acts of any county, municipal corporation, or 
sub-division of any territory as to any bonds heretofore issued 
or contracted to be issued. 

Chapter DCCCXVIIi of U. S. Stats. Sec. 5. Legislative Assemblies 

not to Grant Private Charters, but may by General 

Incorporation Acts Permit Incorporation 

of Colleges, etc. 

That section eighteen hundred and eighty-nine, title 
twenty-three^ of the Revised Statutes of the United States be 
amended to read as follows : 

The legislative assemblies of the several territories 
shall not grant private charters or special privileges, but they 
may, by general incorporation acts, permit persons to associate 
themselves together as bodies corporate for mining, manufac- 
turing, and other industrial pursuits, and for conducting 
the business of insurance, banks or discount and deposit (but 



8 COMPILATION OF THE SCHOOL LAWS 

iiot of issue). loan, trust, and guarantee associations, and for 
the construction or operation of railroads, wagon roads, irri- 
gating ditches, and the colonization and improvement of lands 
in connection therewith, or for colleges, seminaries, churches, 
libraries, or any other benevolent, charitable or scientific asso- 
ciation. 

U. S. Revised Statutes. — Sec. 1890. Religious or Charitable Cor- 
porations or Associations in Territories Shall not 
Acquire More than Fifty Thousand Dollars 
Worth of Real Estate. 

No corporation or association for religious or charitable 
purposes shall acquire or hold real estate in any territory, dur- 
ing the existence of a territorial government, of a greater val- 
ue than fifty thousand dollars; and all real estate acquired or 
held by such corporation or association contrary hereto shall 
be forfeited and escheat to the United States; but existing 
vested rights in real estate shall not be impaired by the pro- 
visions of this chapter. 

U. S. Revised Statutes. — Sec. 2004. Citizens Otherwise Qualified not 

Barred From Voting at Any Election Because of Race, 

Color or Previous Condition of Servitude. 

All citizens of the United States who are otherwise 
qualified by law to vote at any election by the people in any 
state, territory, district, county, city, parish, township, school 
district, municipality, or other territorial sub-divisions, shall 
be entitled and allowed to vote at all such elections, without 
distinction of race, color or previous condition of servitude; 
any constitution, law, custom, usage, or regulation of any 
state or territory, or by or under its authority, to the contrary 
notwithstanding-. 



FIFTY -FIRST CONGRESS. 



Fifty-First Congress, Sess. II. — Chap. 384, Sec. 2275. Preemption or 
Homestead Settlements Made Before Survey on Sections Sixteen 
and Thirty-Six Subject to Claims of Their Settlers; If Such Sec- 
tions Reserved for Schools, Lieu Lands May be Granted. Terri- 
tories Entitled to Lieu Lands Where Such Sections are Mineral, 
or Included Within Indian, Military or Other Reservation, or 
Otherwise Disposed of by the United States. Proviso. 

Be it enacted * That sections twenty-two hundred 
.-and seventy-five and twenty-two hundred and seventy-six 



Of the territory of new Mexico. 



of the Revised Statutes of the United States be amended to 
read as follows : 

Where settlements with a view to preemption or home- 
stead have been, or shall hereafter be made, before the survey 
of the lands in the field, which are found to have been made 
on sections sixteen or thirty-six, those sections shall be sub- 
ject to the claims of such settlers; and if such sections, or 
•either of them, have been or shall be granted, reserved, or 
pledged for the use of schools or of colleges in the State or 
Territory in which they lie, other lands of equal acreage are 
hereby appropriated and granted, and may be selected by said 
State or Territory, in lieu of such as may be thus taken 
l^y preemption or homestead settlers. And other lands 
of equal acreage are also hereby appropriated and granted, 
and may be selected by said State or Territory where sec- 
tions sixteen or thirty-six are mineral land, or are included 
within any Indian, military, or other reservation, or are oth- 
erwise disposed of by the United States : Provided, Where 
any state is entitled to said sections sixteen and thirty-six, or 
where said sections are reserved to any Territory, notwith- 
standing the same may be mineral land or embraced within 
a military, Indian, or other reservation, the selection of such 
lands in lieu thereof by said State or Territory shall be a 
waiver of its right to said sections. And other lands of equal 
acreage are also hereby appropriated and granted, and may be 
selected by said State or Territory to compensate deficiencies 
-for school purposes, where sections sixteen or thirty-six are 
fractional in quantity, or where one or both are wanting by 
reason of the township being fractional, or from any natural 
cause whatever." And it shall be the duty of the Secretary 
of the Interior, without awaiting the extension of the public 
surveys, to ascertain and determine, by protraction or other- 
-\vise, the number of townships that will be included within such 
Indian, military or other reservations, and thereupon the State 
or Territory shall be entitled to select indemnity lands to the 
extent of two sections for each of said townships, in lieu of 
sections sixteen and thirty-six therein ; but such selections may 
not be made within the boundaries of said reservations : Pro- 
vided, hozvevcr. That nothing herein contained shall prevent 
any State or Territory from awaiting the extinguishment of 
any such military, Indian or other reservation and the restor- 
.ation of the lands therein embraced to the public domain and 



10 COMPILATION OF THE SCHOOL LAWS 

then taking the sections sixteen and thirty-six in place therein; 
but nothing in this proviso shall be construed as conferring, 
any right not now existing. 

Fifty-First Congress, Sess. II. — Chap. 384. Sec. 2276 (As Amended). 

Rules for Selection of Lieu Lands Where School Sections 

are Unavailable or Deficient. 

That the lands appropriated by the preceding section 
shall be selected from any unappropriated, surveyed public 
lands, not mineral in character, within the State or Territory 
where such losses or deficiencies of school sections occur ; and 
where the selections are to compensate for deficiencies of 
school lands in fractional townships, such selections shall be 
maile in accordance with the following principles ot adjust- 
ment, to v\it : J^or each township, or fractional township, con- 
taining a gT-ester quantity of land than th •ce-qiicirter.s of an 
entire township, one section; for a fractional township, con- 
taining a greater quantity of land than one-half, and not more 
tnan three-quarters of a township, three-quarters of a section ; 
for a fractional township, containing a greater quantity of 
land than one-quarter, and not more than one half of a town- 
ship, one-half section; and for a fractional township contain- 
ing a greater quantity of land than one entire section, and not 
more than one-quarter of a township, one-quarter section of 
land : Provided, That the States or Territories which are, or 
shall be entitled to both the sixteenth and thirty-sixth sections 
in place, shall have the right to select double the amounts 
named, to compensate for deficiencies of school land in frac- 
tional townships. 

Fifty-First Congress, Sess. II, Chap. 543. — Sec. 38. Sections Sixteen 

and Thirty-Six Reserved for Support of Common Schools, 

Unless Mineral in Character. 

No provision for settlement on or sale of the lands in the 
various agreements hereinbefore mentioned shall apply to 
sections sixteen and thirty-six thereon, which lands in the 
States are hereby granted to the State in which they are situ- 
ated, for the support of the common schools of sucli State 
under the limitations prescribed by law, and such sections in 
the Territories of the United States are reserved from occu- 
pancy, entry, or sale, under any land law of the United States ; 
but this provision shall not apply to mineral land which may- 
be disposed of under the laws applicable thereto. 



New Mexico 
Compiled Laws 1897. 

Sec. 128. — Persons, Companies or Corporations Turning Cattle on 

Range Occupied by Others, IN/lust Own or Possess on Such 

Range Permanent Living Water, Free and Unfenced, 

Sufficient for Their Needs. 

Whenever any person, company or corporation turns 
loose on any range in this territory, already occupied or in the 
possession of another or others by virtue of their having com- 
plied with the provisions of section one hundred and twenty- 
seven, he or they must be the owner or owners of, or must be 
lawfully entitled to the possession of some other living, per- 
manent water upon such range, sufficient for the proper main- 
tenance of all such additional cattle so turned loost, other than 
that owned by or lawfully possessed, or lawfully in the pos- 
session of any other person, company or corporation that may 
have previously appropriated, stocked, or taken possession of 
such range in accordance with the provisions of this act; and 
such person, company or corporation so turning loose cattle 
upon such range must at all times furnish, supply and main- 
tain upon such range such other permanent living water free 
?nd unfenced and upon the surface of the ground. 

Sec. 129. — Violation of Provisions of Preceding Section a Misdemeanor. 
Fines to be Applied to County School Fund. 

Any person, company or corporation violating the pro- 
visions of section one bunded and twenty-eight shall be guilty 
of a misdemeanor and punishable by imprisonment in the 
county jail, wherein the offense was committed, for a period 
not to exceed six months, or by a fine of not less than one 
hundred dollars nor more than one thousand dollars, which 
fine shall be applied to the school fund of the county, wherein 
the offense is committed ; and such person, company or cor- 
poration violating such provisions as aforesaid shall further 



12 COMPILATION OF THE SCHOOL LAWS 

be liable to any party or parties injured for all damages which 
such party or parties may sustain; the same to be recoverable 
by a civil suit. All fines and costs so assessed and all damages 
which may at any time be awarded shall be and constitute a 
lien upon such herd of cattle. 

Sec. 130. — Each Day's Violation of Provisions of Sec. 128 a Separate 

Cause of Action. 

Each day's violation of the provisions of this act shall 
be and constitute a separate cause of action against any person, 
company or corporation violating the same. 

Sec. 138. — Owners of Estrays Entitled to Possession on Payment of 
Costs of Advertising and Keep. If not Clainned Within Seven 
Months, Estrays to be Sold and Proceeds, Less Fees, Turned 
Into County School Fund at End of Twelve Months. 

If the owner, or his legally authorized agent, of any es- 
tray animal of animials, advertised as aforesaid (Section 
137), shall, within seven months from the time that the same 
was first advertised, appear and make affidavit of his right 
and proof of ownership thereto before the justice of the peace 
of the precinct in which said estray animal or animals were 
taken up and shall pay to the party taking up the same, the 
costs of making said affidavit, not to exceecl one dollar, of 
filing and recording the same, the cost of publishing said 
notice and the further additional sum of fifty cents per month 
excepting in all cases, unweaned young animals following 
their dams, for each and every animal and for each and every 
month said animal or animals have been in his possession from 
the date of said publication, then the owner shall be entitled to 
the possession of the same and it shall be delivered to him or 
his lawfully authorized agent, but in event he or his agent 
does not appear and make good said proof and pay said cost 
or costs, within seven months from date of the said publica- 
tion, then the assessor in said county shall order the same to 
be sold at public auction to the highest bidder, for cash in 
hand, after first having caused ten days' notice to be given, 
of the terms, time and place, of such sale, with the description 
of the animal or animals to be sold, by at least five written 
or printed hand bills, posted in conspicuous places throughout 
the precinct wherein such taker-up resides. All orders for 
such sale or sales shall be directed to the constable of said 



OF THE TERRITORY OF NEW MEXICO. 13- 

precinct, and for each and every order so issued, the assessor 
shall be allowed as a fee, the sum of fifty cents, and the con- 
stable shall be allowed as a fee for such sale, a commission of 
ten per cent, of the gross proceeds of such sale on all sums up 
to and including fifty dollars, and a commission of five per 
cent, on all sums over fifty dollars, out of the proceeds of 
such sale. Such said constable shall first pay such costs as 
may have accrued under the provisions of this act in taking 
up and selling such estray animal or animals; the remainder,, 
if any such there be, he shall forthwith deposit with the 
county treasurer of the county wherein such sale took place, 
subject to the order of the owner of such estray animal or 
animals. If such sum or sums be not reclaimed by said own- 
er within twelve months from date of said deposit then said 
county treasurer shall apply the same to the school fund of 
iaid county, and the owner thereof shall be forever barred 
from recovering the same by an action at law. 

ROUND - UPS. 

Sec. 176. — Unclaimed Estrays at Round-Ups to be Advertised and Sold' 

at End of Year, and Proceeds, Less Fees, to be 

Paid Into School Fund. 

Whenever any of the above described animals (strays,, 
etc.) have remained under the charge of any person by the 
authority of any justice of the peace for the term of one year 
v'ithout any person claiming them, the said justice of the 
peace, after being informed by the person or persons in charge 
of said animals, that the same exist, then and in such case he 
shall, through public notices, fix the day in which said ani- 
mal or animals are to be sold at public auction for cash to the 
highest bidder, by the constable of his precinct, the expenses 
of herding to be paid from the proceeds of such sale as above 
slated, fifty cents to the justice of the peace for each record, 
and twenty-five cents for the order to sell the same and the 
recording of his file, and one dollar to the constable effecting 
such sale; the surplus of such sale shall be paid into the 
school fund by said constable for the use of the same upon 
a certified list of said justice of the peace. 



14 COMPILATION OF THE SCHOOL LAWS 

BONDS AND WARRANTS. 

(Chap. 42, L. 1897.) 

Sec. 285. — County Commissioners, Boards of Education, IVIunicipal 

Officials and District Sciiool Directors to Determine 

indebtedness of Respective Jurisdictions, Other 

Than Bonded. Method of Procedure. 

That after the passage of this act, it shall be the duty of 
the board of county commissioners of the several counties of 
the territory, and of the boards of education in all municipali- 
ties in the territory, the proper officials and representatives 
of municipal corporations of all kinds whatsoever, and of 
the school directors of the several school districts in the dif- 
ferent counties in the territory, to ascertain and determine 
the amount of the indebtedness other than bonded indebted- 
ness of the several counties, boards of education, municipal 
corporations and school districts that may be floating, out- 
standing, and unpaid, however evidenced. For the purpose of 
notifying the different creditors that the same will be done 
and finally passed upon on the first Monday in May, A. D., 
1897, it shall be their respective duties to publish or cause to be 
published in some weekly newspaper in their county for two 
consecutive weeks, and if there is no weekly newspaper in 
the county, then in some paper having a general circulation 
in the county, a statement to the effect that on the first Mon- 
day in May, A. D. 1897, proceedings will be commenced for 
the purpose of ascertaining and determining such indebted- 
ness, at a place to be named, which shall be the county seat 
of said county, and that at such time they will continue in 
session for a sufficient length of time to transact the busi- 
ness before them. It shall be the duty of the several bodies 
or boards above named to consider and pass upon the claims 
of all creditors, as well those not present as those present, 
either in person or by attorney. Their proceedings shall be 
made of record in a book provided for that purpose, in which 
shall be entered the names of all creditors, the nature and 
character of the claim made, and when and in what year the 
indebtedness was contracted regardless of the time of issuance 
of any certificate or other instrument of indebtedness or when 
the amount was approved. The creditor claiming an indebted- 
ness to be due shall make out his claim in writing stating 



OF THE TERRITORY OF NEW MEXICO. 15 

the nature and origin thereof and when it accrued and shall 
..accompany the same by any instrument of indebtedness, cer- 
tificate or voucher upon which his claim is based, or an item- 
ized account, if his claim is based thereon. In the event that 
any person or persons shall claim to be a creditor of any of 
vthe said bodies or boards in this section mentioned, upon in- 
;struments of indebtedness that are lost or after due diligence 
'-cannot be produced, he shall file with the clerk or, secretary 
■of any one of said bodies or boards, a copy of the instrument 
lost or unproduced, or a description, in the event a copy can- 
not be furnished, as near as may be, and such a copy or des- 
cription shall be taken and passed upon as if the original 
instrument had been produced and filed : Provided, He shall 
file with the said clerk or secretary a bond in double the 
^amount of that mentioned in said instrument, which bond 
shall be signed by two or more good and sufficient sureties, 
conditioned to indemnify the said body or board before whom 
it is produced against any loss by reason of the claimant not 
being the owner or entitled to the benefit of said instrument 
•or on account of said instrument having been paid, such bond 
to be approved by said clerk or secretary. On the hearing, 
any competent testimony may be introduced in support of or 
in rejection of any such claim, and the said body or board, 
before whom any such claim is presented shall proceed to pass 
upon the merits of the case before them and allow or reject 
such claim as the evidence before them shall warrant. 

Sec. 286. — Any Claimant Feeling Aggrieved at Action of Bodies or 

Boards in Passing on Any Claim, May Appeal 

to District Court. 

Any claimant, tax payer or any person or persons inter- 
ested, feeling aggrieved by any action of any of said boOies 
or boards before which any claim may have been passed upon, 
shall have the right to appeal to the district court having juris- 
diction in the county where the claim is pending, and the 
same shall be set by the court for hearing at the earliest con- 
venient date. On the hearing of such appeal the claim shall 
be tried dc nova and an appeal may be had from the district 
court to the supreme court as appeals are now allowed in 
equity cases, except the same must be taken and perfected 
-within sixty days after the decision of the district court. 



16 COMPILATION OF THE SCHOOL LAWS 

Sec. 287. — Statements and Bonds Required to be Filed With Clerk or 
Secretary of Board or Body, in Order to Take Such Appeal. 

To be entitled to take such appeal the person or persons 
desiring the same shall, within thirty days after the decision 
of the body or board before whom the claim is presented, file 
a statement in writing, with a copy of his claim, to the effect,, 
in substance, that he desires the claim to be re-heard by the 
district court, with the clerk or secretary of said body or 
board, and in said statement shall set out as fully and clearly 
as practicable the extent and nature of his claim, the amount 
claimed, and the amount allowed by the body or board before 
whom it was presented, giving the time and place of such 
allowance, and shall at the time of taking such appeal, deposit 
with the clerk or secretary the sum of one dollar, as a fee to- 
said clerk or secretary, and shall at the same time file a bond 
to be approved by the said clerk or secretary, with at least 
two good and sufficient sureties, residents of said county, in 
the sum of one hundred dollars, payable to the Territory of 
New ,Mexico, conditioned that the said person or persons so 
appealing will prosecute his said appeal with effect and with- 
out delay, and will pay all costs which may be adjudged 
against him in the said district court, and said court shall 
enter judgment against all parties appealing and their respec- 
tive bondsmen, for the amount of costs assessed against the 
said parties, if he shall fail in the prosecution of his said ap- 
peal, or if his said appeal shall not be sustained in said dis- 
trict court. When the said fee shall have been paid and the 
said bonds shall have been filed and approved, as hereinbefore 
provided, it shall be the duty of the said clerk or secretary, 
to attach to said application for appeal, a certificate that the 
same is a true copy of the matter submitted before the body 
or board of which he is the clerk or secretary, and was passed 
upon by the said body or board, giving the day and date 
thereof, and shall transmit therewith all papers that may have- 
been filed in said cause. 

Sec. 288. — Other Steps Required of Claimant Before Case is Docketed 
by Clerk of District Court. 

The claimant in order to perfect his appeal shall, within 
ten days, file the certified copy hereinbefore mentioned, in the 
office of the clerk of the district court, and shall at the time of 
said filing, pay unto the said clerk, a fee of two dollars and 



OF THE TERRITORY OF NEW MEXICO. 17 

fifty cents for the filing thereof. Any tax payer or person or 
persons interested, and entitled to an appeal, as provided for 
herein, shall be styled intervener, or interveners and shall per- 
fect such appeal in the same way and manner so far as applic- 
able as hereinbefore provided for, for appeals by any claimant, 
and the district court in its discretion may require of any and 
all parties appealing, bonds for costs and other things b.:;sides 
those mentioned herein, such as may unto him seem fit and 
" proper to effectively carry out the intent of this act. Imme- 
diately upon the filing of the said certified copy and the re- 
ceipt by him, of the said fee, the clerk shall docket the said 
appeal as other cases are docketed and upon motion the same 
shall be set down for hearing by the judge of said district 
court, and heard in vacation or term time, as the court shall 
deem proper. Immediately upon the docketing of the said 
appeal it shall be the duty of the said district clerk to officially 
notify all parties interested, so far as the same is convenient, 
and shall notify the clerk or secretary certifying to the copy 
■hereinbefore described, all which notices shall either be de- 
livered in person by said clerk of the district court or shall be 
by him immediately sent through the mail by registered letter, 
and the cost of such registration shall be paid by the clerk of 
the district court out of the money herein required to be paid 
to him as a docket fee. 

Sec. 289. — District Attorney to Represent County Commissioners and 
Otiier Bodies or Boards not Provided With Counsel. 

It shall be tlie duty of the district attorney of any county, 
before the board of county commissioners of which any such 
claim as herein provided is brought, to represent in the district 
court said board of county commissioners, at the hearing 
of the appeal herein provided for, and the fees allowed him by 
law shall be his compensation for such services. Said district 
attorney shall also represent in the said district court any 
other body or board, herein described, not otherwise provided 
by law with a legal adviser. 

Sec. 290. — When Judgment on Appeal Has Been Entered by Clerk of 

Court, the Board or Body Shall Issue Claimant Bonds 

in Lieu of Execution, 

After the hearing on appeal by the said district court, a 
judgment upon said appeal shall be entered up by the clerk of 



18 COMPILATION OF THE SCHOOL LAWS 

the district court, and said clerk shall, under the seal of said 
court, certify the amount of said judgment to the clerk or sec- 
retary of the body or board from which the appeal was. taken, 
and on the date herein provided, it shall be the duty of the 
said body or board to issue to the said claimant or apellant, in 
lieu of execution, the bonds as hereinafter provided. 

Sec. 291. — Persons Proving Claims are Entitled to Coupon Bonds 

Therefor. 

It shall be the duty of the board of county commission- 
ers of the several counties in this territory, and also that of 
boards of education, school districts and all municipal corpora- 
tions of whatsoever kind or class, to issue coupon bonds of 
said county, board of education, school district or municipal 
corporation, of whatever kind or class, and they are hereby 
respectively authorized and empowered to issue said bonds to 
any claimant proving to be such for the amount and in the 
manner hereinbefore provided. 

Sec. 292. — Bonds to be Issued for Amount Adjudged Claimant, and 

to Bear Six per Cent. Interest From date of Issue. 

Principal and Interest When and Where Paid. 

The bonds provided for in section two hundred and nine- 
ty-one shall be issued on the first Monday of August, 1897, 
and shall be of the amount adjudged to be due any claimant, 
and shall bear interest at the rate of six per centum per annum 
fiom the date of issue, and such interest shall be payable on 
the first day of July and January of each year, after the date 
of issue. The principal and interest accruing on said bonds 
shall be payable at the office of the treasurer of the body or 
board issuing said bonds, and all such bonds shall be pa3^able 
at the option of the body or board issuing the same in ten 
years from the date thereof, and shall be absolutely due and 
payable twenty years after the date thereof. 

Sec. 293. — -Form of Bonds and Coupons; How Signed and Attested. 

All bonds issued under the provisions of this act shall 
be numbered consecutively beginning with number one, and 
shall be signed by the chairman of the board of county com- 
missioners, and attested by the probate clerk under the seal of 
the county, if the bond be issued for any county indebtedness, 
and shall be signed by the mayor of any municipal corporation 



OF THE TERRITORY OF NEW MEXICO. 19 

.and attested by the clerk of said corporation under his official 
name, whatever it may be, and the seal of the said corpora- 
tion, if the bond be issued in payment of any indebtedness of 
any municipal corporation; and said bonds shall be signed by 
the chairman or president of the board of education, in the 
event that the said bonds are issued in payment for any in- 
debtedness due by any such board of education, and shall be 
signed by the chairman and attested by the clerk of the board 
of school directors of any school district, in the event that 
the same are issued in. payment of any indebtedness due by 
any such school district. The board of county commissioners, 
boards of education, officials of municipal corporations and 
school districts shall prescribe the form of such bond, and all 
coupons attached to said bonds shall be signed and attested 
in the same manner as the bond itself, and the coupons at- 
tached to each bond shall bear the same number as the bond 
to which they are attached, and shall show the date and ma- 
turity of said coupon bonds. 

Sec. 294. — How Bonds Shall be Registered and Recorded. 

The county commissioners of each county, members of 
boards of education, and officials of municipal corporations, 
and directors of any school district, issuing bonds under the 
provisions of this act. shall provide a book and shall register 
therein in the order that said bonds are issued, the date and 
amount of each bond so issued, the person or persons to whom 
issued and the date when the same will become due, and there 
shall likewise be kept a record of all bonds at any time taken up 
and paid, together with the record of all coupons paid; such 
record shall be kept by the treasurer of such body, or board, 
and it shall be his duty to certify that such bond or bonds 
have been regularly issued according to the provisions of this 

act. 

Sec. 295. — Boards of County Commissioners to be Notified on or Be- 
fore First Monday in May of Amount Required to Pay interest 
on Bonds. Levy to be Made Tlierefore and to be Kept Separate. 
Duties of County Assessor. 

It shall be the duty of the board of education, trustees 
cf towns, mayor and town council of towns and mayor and 
city council of cities to ascertain and notify on or before the 
first Monday in May of each year, the board of county com- 
-jTiissioners of the amount required to pay the interest on the 



20 COMPILATION OF THE SCHOOL LAWS 

bonds issued by them respectively; and it shall be the duty of 
the county commissioners of each county in the territory to 
levy each year, at the time of the making of the levy for other 
taxes, a tax sufficient, and no more, than is sufficient, to pay 
the annual interest,accruing on any and all bonds issued under 
and pursuant to the provisions of this act. The taxes 
raised by means of such levy shall be kept separate and apart 
from other taxes and shall be paid in lawful money of the 
United States and shall be used exclusively for the payment 
of the interest on the bonds which shall have been issued 
according to the provisions hereof. 

The county assessor, in making his regular assessment 
of property situate within the limits of any incorporated town, 
city, school district or other municipality shall include any 
and all property of whatsoever kind and character situate 
therein and for the purposes of this act personal property of 
every description shall be assessed and taxed in the place of 
its location on the first day of March of each year. 

Sec. 296. — After 1.907 County Commissioners Shall Annually Levy 

Taxes of From Ten to Twenty per Cent, of Bond Issue for 

Sinking Fund. How Bonds are to be Redeemed. 

After the expiration of the year 1907, and annually there- 
after until paid, the county commissioners of each county, 
shall provide a sinking fund by taxation and shall annually 
levy a tax equal to at least ten per cent., and not greater than 
twenty per cent., of said bonds issued under the provisions 
liereof, and whenever funds to the amount of one thousand 
dollars shall have come into the hands of the county treasurer 
for county or school district indebtedness, or shall have come 
into the hands of the treasurer of any board of education, or 
into the hands of any city or town treasurer, from the fund in 
this section provided for, such treasurer shall give notice by 
publication once a week for at least four consecutive weeks in 
some newspaper of general circulation in the county, that upon 
presentation of certain bonds, designating them by number, 
date and amount, he will pay the same, and mterest on any 
such bond advertised as aforesaid shall cease thirty days after 
the last publication herein provided for, and any and all bonds 
shall be called for redemption in the order of their number, 
beginning with number one. 



OF THE TERRITORY OF NEW MEXICO. 21 

Sec. 297. — Funds Remaining After Payment of Bonded Indebtedness 
to be Transferred to Respective Expense Funds. 

Any and all funds remaining in the hands of any of the 
treasurers named in this act on account of any money collected 
to pay any of the bonded indebtedness herein provided for, 
after the redemption and payment of any and all outstanding 
bonds, issued under the provisions hereof, shall be transferred 
t(^ the current expense fund of the county, city, town, board of 
education or school district as the case may be. 

Sec. 298. — Bonds and Interest When Due and Presented to be Paid 

From Moneys Collected for That Purpose. How Canceled. 

When Turned Over to Proper Authority, to 

be Preserved Twenty Years. 

Whenever any bond, or bonds, or the interest thereon, 
issued pursuant to the provisions of this act, shall become due 
and shall remain unpaid, on presentation to the treasurer of 
the county, city, town, board of education or school district, as 
the case may be, where said bonds were issued, such bonds or 
the interest thereon shall be immediately paid by such treas- 
urer out of moneys in his hands collected for that purpose, 
and when any such bonds or the coupons thereon have been 
so paid he shall mark the same on the face thereof in red ink, 
"canceled and paid," showing date of payment and signing his 
official name thereto, and at each and every settlement made 
and had by such treasurer with the proper official provided 
by law for such purpose, he shall turn over to the proper 
authority any and all bonds and coupons so redeemed and 
canceled by him, all of which said bond or bonds, coupon or 
coupons so canceled shall be carefully preserved for a period of 
twenty years from the date of cancellation. 

Sec. 299. — Unlawful for County Commissioners, City Council, Town 
Trustees, Boards of Education, etc., to Contract any Debt for any 
Year Which Cannot be Paid from Funds Actually Collected Dur- 
ing Such Current Year. Officers Using Funds Belonging to One 
Year for any Purpose Other Than Paying Expenses of Such Cur- 
rent Year, Guilty of Misdemeanor and Liable to Fine. 

From and after the date of the passage of this act it 
shall be unlawful for any board of county commissioners, city 
council, town trustees, board of education, board of trustees, 
or board of school directors of any school district, for any 
purpose whatever to become indebted or contract any debts 



22 COMPILATION OF THE SCHOOL LAWS 

of any kind or nature whatsoever during any current year 
which, at the end of such current year, is not and cannot then 
be paid out of the money actually collected and belonging to 
that current year, and any and all kind of indebtedness for 
any current year which is not paid and cannot be paid, as above 
provided for is hereby declared to be null and void, and any 
officer of any county, city, town, school district or board of 
education, who shall issue any certificate or other form of 
approval of indebtedness separate from the account filed in 
the first place or who shall, at any time, use the fund belong- 
ing to any current year for any other purpose than paying the 
current expenses of that year, or who shall violate any of the 
provisions of this act, shall be deemed guilty of a misde- 
meanor and upon a conviction thereof shall be fined not less 
than one hundred nor more than one thousand dollars or be 
confined in the county jail for a period of not more than six 
months or by both such fine and imprisonment, in the discre- 
tion of the court trying the case. 

Sec. 300. — Fees, Salaries and Perquisites of Officers to be Reduced if 
Funds Collected Insufficient to Pay Same in Full. 

All fees, salaries and perquisites of the different officers 
of the several counties, cities, towns, boards of education, 
school districts, district attorneys and any and all other 
officers shall be reduced in the event there is an insufficient 
collection of money with which to pay them as provided by 
law for their services in any current year so that there shall 
be no violation of the provisions in this act as to incurring 
indebtedness for any current year over and above the money 
actually collected for that current year. 

Sec. 301. — When Collections for Current Year Insufficient to Pay in 
Full, Then Officers and Creditors to be Paid Pro Rata. Provision 
as to Quarterly Division of Accounts. Expense of Boarding City 
Prisoners to be Paid in Full Quarterly Before Fees and Salaries 
are Paid. 

(As amended). In the event that there is an insufficient 
amount of money collected during any current year with 
which to pay for the services, fees, and salaries of the several 
officers mentioned in section three hundred, then and in that 
event the said officers and all creditors shall receive in full 
payment of their respective claims each his pro rata share 



OF THE TERRITORY OF NEW MEXICO. 23 

of the money collected, and the payment of said pro rata ' 
part shall be made quarterly between all officers and creditors 
and in the event of an insufficient amount of money to pay in 
full for any one quarter the officers and creditors remaining 
unpaid shall not be paid that amount until the salaries and 
expenses of the next succeeding quarter or quarters shall 
have been paid, and in the event all the officers and creditors 
of any one quarter shall have been paid in full and there 
then remains any money for the current year, the same shall 
then be distributed pro rata among the said officers and credit- 
ors, Provided, That all the actual expenses for bOfirding county 
prisoners shall be paid in full before any bill, fees or salaries- 
are paid and before any pro-rate is made, and such expenses 
may be paid at the expiration of each and every quarter. 

Sec. 302. — Void Indebtedness of Sec. 299 to Remain Valid for Sole 
Purpose of Afterwards Collecting Money Belonging to Such Year. 
Such Collections to be Pro Rated Among Indebtedness Creditors. 
Surplus to be Converted Into Fund for Next Succeeding Year. 

The void indebtedness mentioned in section two hundred 
and ninety-nine shall remain valid to the extent and for the 
sole purpose of receiving any money which may afterwards 
be collected and belongs to the current year when they were 
contracted, and the collection thereof, when made, shall be 
distributed pro rata among the creditors having the void 
indebtedness, and in the event all of the valid and void indebt- 
edness of any current year are paid in full and there is money 
for that current year remaining the sum shall be converted 
into the fund for the next succeeding current year. 

Sec. 303. — Boards of County Commissioners in Making Quarterly Pay- 
ments Shall Pay Claimants Amount Allowed by Board, Unless 
Claimant Appeals and is Allowed Larger Sum by the Court. 

In the event any claimant, during any current A^ear, 
should appeal from the board of county commissioners, as 
now provided for by law, from the amount allowed him by 
such board, the commissioners, in making their quarterly 
payments as above provided for, shall estimate and allow 
such claimant the amount allowed him, and in the event the 
court should allow such claimant a larger sum than was 
allowed him by the board of county commissioners the 
amount so allowed by the court shall be considered and paid 



24 COMPILATION OF THE SCHOOL LAWS 

as above provided for at the next quarterly settlement after 
such decision of the court. 

Sec, 304. — Current Year to Begin 1st of January, Except That for 
Boards of Education it Shall Begin 1st of September 
of Each Year. 

The current year for the purpose hereof shall begin on the 
first day of January and end on the last day of December of 
each year, except that the current year for boards of educa- 
tion and school districts shall begin on the first clay of Sep- 
tember of each year and end on the last day of August of the 
next year. 

Sec. 305. — Money Collected, or That Should be Coiiectei, From Tax 

Rolls for County Purposes, Except Special Assessments, 

to Constitute Fund for Next Current Year. All Other 

Money Collected to Belong to Current Year. 

All moneys collected from the tax roll of any one year 
for county purposes or that should have been collected for 
that year for such purpose, whether it was placed on the tax 
roll or not, except moneys collected for that year from assess- 
ments made for some special purpose, shall constitute the fund 
for the next current year, and all moneys other than those 
collected from the tax rolls, or that should have been on the 
tax rolls, that are collected during any current year and have 
not by law been placed as belonging to some particular general 
county fund shall go to and be a part of the fund for the cur- 
rent year in which the same are collected. 

Sec. 306. — No Bonds to be Issued After 1st Monday in August, 1897, 
Except in Case of Appeal and Judgment Rendered. 

No bonds shall be issued after the first M'onday in 
August, 1897, except when an appeal, as has hereinbefore 
been provided for, has been taken, and whenever the appeal 
shall have been finally passed upon by the district court or the 
supreme court if the same shall have been taken to the 
supreme court, and final judgment shall have been ren- 
dered and the same have been certified to and sent to the 
proper body or board, in that event bonds may be issued for 
the amount rendered in favor of any person or persons irjchid- 
ing the cost if the same has not otherwise been paid: Pro- 
vided, That nothing in this act shall prohibit the issuance 
of any bonds as heretofore and now provided by law. 

(See Funding Act, 1895, Sections 307-316). 



OF THE TERRITORY OF NEW MEXICO. 25 



FUNDING ACT, 1893. 

Whereas, Prior to the passage of the present school law 
of the Territory of New Mexico, in several comities of said 
Territory the expense of the schools has been paid by school 
superintendents of the county drawing warrants upon the 
county treasurer, instead of the fund being distributed among 
the different districts of the county and the warrants being 
■drawn upon the district treasuries; and 

Whereas, County treasurers have refused to pay many 
of said warrants which are alleged to have been given in good 
faith for services actually rendered and supplies actually fur- 
Tiished said schools ; and 

Whereas, The holders of said warrants are practically 
without any remedy for collection of the same or any part 
thereof : 

Be it enacted by the Legislative Assembly of the Terri- 
tory of New Mexico : 

^ec. 319. — Holders of Warrants Issued by County School Superintend- 
ents Prior to February 26, 1891, May Bring Suit to 
Adjust and Determine Same. 

That the holders of any school warrants in this territory, 
issued by county school superintendents prior to the 26th 
day of February, A. D. 1891, be and they are hereby author- 
ized to bring suit in the district court for the county in which 
said warrants were issued against the school districts and 
the county for the purpose of adjusting and determining the 
•genuineness of said warrants and the fact that the same were 
issued for services actually rendered or supplies actually fur- 
nished for the use of the schools of said county. 

"Sec. 320. — Warrant Holders May Unite as Plaintiffs in a Suit Against 
Both the County and all School Districts Thereof as Defendants, 
for an Accounting. The District Attorney Shall Defend Same 
With, or Without, Aid of Assistant Counsel. 

Any part or all of said warrant holders may unite in the 
same suit as complainants and both the county and all the 
school districts thereof shall be made defendants in such suit, 
and such suit shall be brought on the chancery side of the 
■court in the nature of a bill in equity for an accounting, and 



26 COMPILATION OF THE SCHOOL LAWS 

the district court shall take jurisdiction of the same and it 
shall be the duty of the district attorney to appear and defenci- 
said suits for the county and the school districts or either or 
any of them shall be allowed to employ additional counsel. 
Sec. 321. — How County Shall be Described in Suit and Process Served., 

The county shall be described as the board of county 
commissioners and process shall be served upon said board as 
now provided by law, and the process upon the school dis- 
tricts shall be served by delivering a subpoena or summons 
issued as in ordinary cases upon the school superintendent 
of the county and the respective chairman of the school 
boards, whose duty it shall be to at once notify the proper 
district attorney, who shall enter his appearance in answer 
to said .subpoena or summons and defend such suit as here- 
inbefore provided. 

Sec. 322. — Proceedings to be Same as Ordinary Chancery Cases. 

Amount of Judgment Rendered to be Paid Out of Proper 

Funds. If Fund Insufficient, Tax to be Levied 

Therefor at Proper Time. 

The proceedings in said cause shall be the same as in-. 
ordinary Chancery cases, and upon a statement of account by 
the master in chancery, a decree shall be rendered therein 
determining the amount of such indebtedness, who is entitled, 
to receive the same, whether the original person to whom 
said warants were issued or by whom said services were ren- 
dered, or supplies furnished, or the assignee thereof, and how 
much the holder thereof is lawfully entitled to receive for 
the same, and thereupon a decree or judgment shall be ren- 
dered in favor of said persons for the amount of the indebt- 
edness so claimed' against the county or district liable; and the 
amount of such decree shall be paid out of the county school 
fund where the warrant is a county debt, or out of the proper 
district fund where the warrant represents a district indebt- 
edness, and if the same areJnsufficient to pay such indebted- 
ness, it shall be the duty of the county commissioners or district 
school directors to levy a sufficient tax at the time the general 
taxes are levied and cause the same to be levied in like 
manner and at the same time that general taxes are collected 
for the purpose of satisfying and paying off such decree or 
tax. 



OF THE TERRITORY OF NEW MEXICO. 27 

Sec. 323 — Warrant Holders Obtaining Judgment May Accept Six per 
Cent. Bonds in Satisfaction Thereof, and County Commissioners 
Authorized to Issue Same. Form of Bond. Warrant Holders May 
Combine so as to Receive Bonds in Multiples of $100. County 
Commissioners to Annually Levy Special Tax fop Interest and 
Redemption. 

The holders of any such warrants who may procure any 
such decree in their favor may at their option accept bonds,, 
interest bearing obHgations, to bear interest at the rate of 
six per centum per annum, and due in ten years, payable in 
five years, in satisfaction of such indebtedness, in lieu of caus- 
ing the amount thereof to be levied and collected as provided 
for in the foregoing section. 

That whenever a decree has been rendered or may here- 
after be rendered under the provisions of this act, in favor of 
the holders of any such warrants, decreeing that the same 
shall be paid out of the general school fund of a county, and 
the holders of such warrants shall signify to the board of 
county commissioners of such county, their willingness to 
accept bonds in satisfaction thereof, the county commissioners 
of such county shall be, and they are hereby authorized and 
empowered to issue bonds in favor of the holders of such 
warrants to the amount of such decree. Said bonds shall 
be made payable by their terms out of the general school 
fund of the county, absolutely, within ten years after the 
date thereof, and shall be payable at the option of the county 
at any time after five years from the date thereof; and shall 
bear interest at the rate of six (6) per cent, per annum, pay- 
able semi-annually, and shall have coupons for said interest 
attached thereto. And said bonds and coupons when pay- 
able, upon presentation to the county treasurer, shall be paid 
out of the general school fund of said county before any dis- 
tribution of the same shall be made to the different school 
districts thereof or any board of education in such county. 

The said bonds shall be executed by the chairman of the 
board of county commissioners and the county clerk and 
attested by the seal of said board, and shall be substantially 
in the following form : 



28 COMPILATION OF THE SCHOOL LAWS 



SCHOOL FUND BONDS. 

Number County Dollars. 

Know all men by these presents^ that County of , 

Territory of New Mexico, acknowledges to owe, and prom- 
ises to pay the bearer, out of the general school fund of said 

county,' dollars, lawful mbney of the United States, 

for value received, redeemable at the pleasure of said county 
after five years, and absolutely due and payable ten years 
from the date thereof, at the office of the treasurer of said 
county, with interest thereon at the rate of six (6) per cent, 
per annum, payable semi-annually, on the first days of 

and of each year, upon the presentation 

and surrender of the annexed coupons as they severally be- 
come due, and payment of the principal to be made in accord- 
ance with the terms hereof, upon the surrender of the bond 
itself. 

This bond is issued in pursuance of an act of the legis- 
lative assembly of New Mexico entitled "An act to adjust 
and settle certain outstanding school indebtedness in the 
different counties of the Territory of New Mexico," approved 
February 23rd, 1893, and an act entitled "An act in amend- 
ment of said act," approved day of 

A. D. 1895. 

And the same has been issued in strict conformity with 
said acts and for the purpose therein expressed. 

In witness whereof, the board of county commissioners 

of the said County of , Territory of New Mexico, 

has caused this bond to be signed by its chairman and attested 
by the probate clerk, he being ex-officio clerk of the said 
board of county commissioners at the county seat of said 
•county, this day of A. D. 189 



Chairman board of county commissioners. 
Attest : 



Probate Clerk and ex-officio clerk of the board of county 
commissioners. 



OF THE TERRITORY OF NEW MEXICO. 29 

The coupons shall be numbered consecutively and be in 
substance a? follows : 

The County of promises to pay to bearer, 

out of the general school fund of said county, at the office of 

the treasurer of said county, on the first day of , 

A. D. 189 , the sum of dollars, being for six 

months interest on bond numbered , issued under 

the provisions of an act of the legislative assembly, entitled 
"An act to adjust and settle certain outstanding school in- 
debtedness in the different counties of the Territory of New 
Mexico," approved February 23rd, 1893, and an act in 
amendment thereof. 

Issued on the day of , A. D. 189 



Chairman of the board of county commissioners. 
Attest : 



Probate clerk and ex-ofificio clerk of said board. 

That any two or more of the holders of such warrants 
entitled to receive bonds under the terms of such decree, may 
join the amounts for which they are entitled to so receive 
bonds, and take bonds for the aggregate amount due to them ; 
in order that said bonds may, as far as possible, be issued in 
the sum of one hundred dollars and multiples thereof. 

It shall be the duty of the cpunty commissioners, after 
issuing such bonds, to levy each year at the time the general 
taxes are levied for school purposes, a special tax upon all 
property subject to taxation for school purposes in such 
county, sufficient to pay the interest on said bonds and create 
a sinking fund for the redemption thereof, in accordance 
with the provisions of this act and the terms of said bonds. 

Sec. 324. — Costs of Suit, Exclusive of Attorney's Fees (but Including 
District Attorney Fees), to be Divided Between Complainants and 
Defendants. Complainant Losing Suit to Pay All Costs. 

The costs of any such suit authorized by this act shall 
be divided equally by the court between the complainants in 
such suit and the defendant, not including attorney's fee, but 
including the fees of the district attorney, who shall be 
allowed such reasonable compensation as the court may in its 



30 COMPILATION OF THE SCHOOL LAWS 

discretion fix, not to exceed five per cent, of the amount 
recovered or involved in the suit : Provided, however, That 
if no judgment or decree should be rendered in favor of the 
complainant or complainants, then the whole of the costs of 
such suit shall be paid by the complainant or complainants. 

Section 325. This act shall apply to suits now pend- 
ing or any which may be hereafter brought. 

(See 'Issuance of Current Expense Bonds," Sections 
.326-331). 

(See "Funding Act, 1891," etc.. Sections 332-338). 

(See "Funding Act, 1891," etc.. Sections 340-348). 

(See "Funding Act, 1889," etc.. Sections 366-376). 

TO FUND SCHOOL INDEBTEDNESS. 

^ec. 379. — Directors of School Districts Authorized to Issue Bonds in 
Payment of Indebtedness Heretofore Incurred in Any District for 
a Public School Actually Taught Under Contract Made With 
Directors. Such Bonds to Bear Six per Cent, and have no 
Coupons. 

Where any indebtedness has heretofore been incurred or 
created in any school district for a public school, which has 
been actually taught under a contract made with the directors 
of such school district, and the said indebtedness, or any part 
thereof, now remains due and unpaid, the directors of such 
school district are hereby authorized and required to issue 
the bonds of such district in payment for the amount of such 
indebtedness so remaining due and unpaid, and said bonds 
shall be dated the day of their issue, shall bear interest at the 
rate of six per cent, per annum from' the first day of March, 
A. D. 1889, and said interest shall be payable annually; such 
bonds shall be payable in ten years from the date thereof, 
and shall be in the form of an ordinary bond for the payment 
of money, and may be either written or printed or either part 
printed and part written, but no coupons for interest shall be 
attached thereto. Such bonds shall be issued in such amounts 
as shall be agreed upon, not exceeding the total amount of the, 
indebtedness, and shall be signed by the members of the 
board of school directors, or a majority of them as constitut- 
ing such board, but such signatures shall not have the effect 
to make the members of such board personally responsible 
for the bonds so signed. 



OF THE TERRITORY OF NEW MEXICO. 31 

Sec. 380. — County Commissioners to Levy Tax at Regular Time to 
Pay Interest and One-Tenth of Principal, Which County Treasurer 
Shall Use to Pay Interest and Reduce Principal. No Fees to be 
Paid Assessor or Collector Therefor. 

It shall be the duty of the board of county commissioners 
of each county, when the taxes for general purposes are 
levied in each year, to levy a tax on all the taxable property 
in any school district where bonds may have been issued in 
accordance with the previous section of this act, sufficient 
in amount to pay all the interest falling due on such bonds 
on the first day of March following, and also to pay one- 
"tenth part of the original principal of said bonds, which levy 
shall be collected by the collector, when he collects the general 
taxes for the territory and counties, and shall be paid over 
by him to the treasurer of the county, who shall, on the first 
clay of March in each year, or as soon thereafter as he re- 
ceives the same, pay off therewith the interest due on said 
first day of March on said bonds, and also pay the remainder 
so received by him to the holders of bonds jn reduction of the 
principal thereof until such bonds shall be fully paid, and 
-^11 payments made b)^ him shall be endorsed upon such bonds. 
Nothing shall be paid to the assessor or collector on account 
of the assessment, levy or collection of such taxes herein pro- 
vided to be levied and collected. 

Sec. 381. — Board of School Directors Issuing Such Bonds to Notify 
County Commissioners of Amount, Number and Date, and to 
Whom Paid. County Commissioners to Register Same, and An- 
nually When Making Levy to Ascertain Amount of Such Bonds 
Paid and Still Due. 

It shall be the duty of every board of school directors 
who may issue any bonds provided for by this act to imme- 
diately notify the board of county commissioners of their 
county of the amount, number and date of any such bond, 
and the name of the person to whom issued, which said board 
of county commissioners shall cause the sam^e to be regis- 
tered by the clerk of said board of county commissioners, 
and they shall, each year, ascertain from the treasurer at the 
time of making the levy provided for in the last preceding 
section of this act and from any other available source, the 
amounts paid on such bonds so as to ascertain the amount to 
be levied annually on account of the interest and principal of 
said bonds in accordance with the provisions of this act. 



32 COMPILATION OF THE SCHOOL LAWS 

Sec. 382. — School Districts SJiall Not incur Indebtedness in Excess 
of Amount Allowed by Law, but Any Heretofore Incurred in Good 
Faith on Account of Schools Actually Taught to be Valid and 
Binding. 

Hereafter no school district shall incur any indebtedness 
in excess of the amount allowed it according to law for 
school purposes, and all indebtedness incurred in excess there- 
of shall be absolutely illegal and void; but all indebtedness 
heretofore incurred in good faith for, and on account of 
schools actually taught, are hereby declared to be valid and 
binding upon such school district : Provided, Such indebted- 
ness is now past due and unpaid, and only such as was in- 
curred for teachers' wages shall be valid and binding, 

(See "Funding Act, 1887," Sections 384-388). 

(See "Casual Deficit and Refunding Bonds," Sections 

397-398). 

(See "Bonds for Territorial Institutions," Sections 
398a-398m). 

WARRANTS. 

Sec. .399.-— Territorial or County Warrants, Drafts, Checks or Orders 
for Payment of Money out of Territorial Treasury, if Lost or De- 
stroyed, May be Duplicated. 

In case of the loss or destruction of any warrant, draft, 
check, or order for the payment of money out of the treasury 
of the territory, or of any county, drawn by any officer author- 
ized by law to draw the same, the officer who drew the same, 
or his successors in office, may, and he or they are hereby 
authorized, to draw in favor of the party to whom such war- 
rant, draft, check, or order was issued, a duplicate of the 
same, as provided in the succeeding section. 

Sec. 400. — Claimant Must Prove Loss or Destruction of Original and 
File Bond for Amount of Original Plus Costs and Expenses. 

Before any duplicate shall be issued as provided in the 
foregoing section, the party applying for the same shall prove 
to the satisfaction of the officer authorized to draw such dupli- 
cate, that the original warrant, draft, check, or order, has been 
lost or destroyed, and shall file with such officer a bond, to his 
satisfaction, to the territory or county, as the case may be, in a 
penalty sufficient to cover the amount of such original war- 
rant, draft, check, or order; and all costs and expenses that 



OF THE TERRITORY OF NEW MEXICO. 



may accrue by reason of the premises, conditioned to reimburse 
and save harmless the territory or county from all loss in con- 
sequence of the loss of such warrant, draft, check, or order, 
and the issuing- of such duplicate. 

Sec. 401. — The Territorial Treasurer Shall Present to the Governor 
and Auditor all Warrants Paid by His Office, and Make Out Three 
Descriptive Lists Thereof, One Each for the Secretary, Treasurer 
and Auditor. 

(As amended.) Within twenty days after the passage of 
this act, it shall be the duty of the territorial treasurer to pres- 
ent to the governor and auditor of public accounts, in the 
office of the first, all the warrants that have been paid by him, 
or by his predecessors in office under his charge, and were 
paid before the 9th of December, 1854. This being done it 
shall be the duty of the territorial treasurer to make out three 
complete descriptive lists of said warrants, giving the date, 
sum and amount, and number of each, and to whom payable, 
and by whom paid ; one of said lists shall be deposited in the 
office of the secretary of the territory, one shall be delivered 
to the treasurer, and the other filed in the auditor's office. 
Sec. 402. — The Treasurer to Burn All Warrants in Presence of Gov- 
ernor and Auditor. Descriptive List Witnessed by Governor and 
Auditor to be Evidence of Amount of Warrants Destroyed. 

It shall be the duty of the treasurer to burn all of said 
warrants, in the presence of the governor and auditor of ac- 
counts; and after the said descriptive lists be signed by the 
governor and auditor of accounts as witnesses, they shall be 
evidence for the treasurer of the amount of the warants de- 
livered and destroyed by him. 

Sec. 403. — The treasurer Shall Annually Between December 1st and 
15th Present All Warrants, Coupons and Other Evidences of 
Indebtedness Paid Since Last Were Burned, and Proceed as in 
Sections 401 and 402 Required. 

(As amended.) Between the ist and 15th of December in 
each year it shall be the duty of the treasurer, in the same 
manner, to present all the warrants, coupons and other evi- 
dences of indebtedness that may have been paid after the date 
that the last were burned, and the same proceedings shall be 
practiced as before ordained, and the lists of the warrants, cou- 
pons and other evidences of indebtedness destroyed shall have 
the same effect as expressed in section four hundred and two. 



34 COMPILATION OF THE SCHOOL LAWS 

Sec. 404. — Territorial Treasurer Shall Quarterly Publish Notice Call- 
ing Warrants for Payment, if he Has Over $500 on Hand for Their 
Redemption. 

It shall be the duty of the territorial treasurer at the end 
of each quarter of the fiscal year, when there are funds on hand 
for the redemption of outstanding warrants in excess of five 
hundred dollars, to publish a notice in some newspaper pub- 
lished at the capital that he has funds on hand to pay warrants 
up to a certain number and date, and calling said warrants for 
payment, and interest shall cease on all warrants so called at 
the expiration of ten days from the date of such notice. 

Sec. 405. — Unlawful for County Officers to Buy, Sell or Speculate in 
Territorial or County Evidences of Indebtedness, Unless Same is 
for Salary of, or Supplies Furnished by, Such County Officer. 

That from and after the passage of this act it shall be un- 
lawful for any county commissioner, sheriff, treasurer, assess- 
or, probate judge, probate clerk or any other person who, as 
principal or deputy, holds any county office in any county of 
this territory, to either directly or indirectly, buy, sell, barter, 
deal in or speculate in or with any certificate, warrant, or 
other evidence of indebtedness issued by such county or by the 
Territory of New Mexico, except such certificate, warrant or 
other evidence of indebtedness shall have been lawfully issued 
to such person in payment of his salary or in compensation for 
services rendered by such person or for supplies furnished by 
him to such county or territory. 

Sec. 406. — Unlawful for Town or City Officials to Buy, Sell or Specu- 
late in Town or City Evidences of Indebtedness, Unless Same is 
for Salary of, or Supplies Furnished by, Such Town or City Official. 

That from and after the passage of this act, it shall be un- 
lawful for any mayor, councilman, collector, marshal, clerk 
or other person holding any office or appointment in and for 
any incorporated city or town in this territory to either direct- 
ly or indirectly buy, sell, barter, deal in or speculate in or with 
any certificate, warrant, or other evidence of indebtedness of 
such incorporated city or town, except such certificate, warrant 
or other evidence of indebtedness shall have been lawfully 
issued to such person in payment of his salary or in compensa- 
tion for service rendered by him or for supplies furnished by 
him to such incorporated city or town. 



OF THE TERRITORY OF NEW MEXICO. 35 

Sec. 407. — Persons Violating Provisions of Sections 405 and 406 to be 
Fined and Imprisoned, Removed From Office and Disqualified 
for Five Years From Holding Office of Trust or Profit. 

Any person who shall violate any of the provisions of the 
two preceding sections shall, upon conviction thereof by any 
court of competent jurisdiction, be punished by a fine of not 
less than five hundred dollars, and not more than one thous- 
and dollars, and by imprisonment not less than one month and 
not more than six months in the county jail, at the discretion 
of the court trying the cause, and, in addition thereto, the per- 
son so convicted shall be removed from office and shall, for five 
years thereafter, be disqualified from holding- any office of 
trust or profit under the laws of this territory. 

Sec. 408. — When County or Municipal Officers are Convicted Under 
This Act, Clerk of District Court Shall Make Record of Same, 
and Serve Copy on County Commissioners or Proper Board. 
Office Then to be Declared Vacant. 

Upon the conviction of any county or municipal officer 
under the provisions of this act, it shall be and it is hereby 
made the duty of the clerk of the district court in which such 
person was convicted to make record of the conviction of such 
person in the records of said district court, and to immediately 
serve or cause to be served upon the board of county com- 
m.issioners of the county in which the person so convicted was 
an officer or upon the board of councilmen of the incorporated 
town or city of which such person was an officer, as the case 
may be, a certified copy under the seal of said district court 
of the record of the conviction of such person so convicted,, 
and thereupon the person so convicted shall cease to be an 
officer of said county or incorporated city or town, and the 
office held by him shall be vacant and thereupon such vacancy 
shall be filled as now provided by law, and said certified copy 
of the conviction of such person shall be immediately recorded 
in the records of such county or of such incorporated city or 
town. 

Section 409. (This section relates only to clerks of dis- 
trict courts and deputies). 

Sec. 410. — Grand Juries to be Charged Regarding This Act. 

That this act shall be especially given in charge to the 
grand jury at each and every term of the district courts held in 
this territory. 



36 COMPILATION OF THE SCHOOL LAWS 

CORPORATIONS. 

Sec. 457. — Debating, Literary, Scientific and Otiier Societies for 
Mutual Benefit and not Pecuniary Profit May Elect Necessary 
Officers at Called Meeting and Have Common Seal. 

It shall be lawful for any debating society, literary, scien- 
tific, industrial or benevolent association or community, ace- 
quias or ditch associations or companies for mutual benefit and 
not for pecuniary profit or speculation (otlTer than colleges, 
universities, academies or seminaries) to elect at any meeting 
called for that purpose, not less than three nor more than seven 
persons to serve as trustees or directors, a secretary and treas- 
urer and such other officres as may be deemed necessary, who 
shall hold their offices for one year and until their successors 
are elected an.d qualified. Said corporation or association may 
have a common seal. 

(Note: The compiled laws of 1897 say "It shall be 
unlawful," etc., which is a mistake of the printer. See Sec- 
tion 232, Compiled Laws, 1884). 

Sec. 458. — The clerk of Such Organization Shall Make Record of Such 
Meeting and Certify Same to Probate Clerk for Recoi^d, Where- 
upon Such Organization Shall be Vested With All Powers of 
Aggregate Corporations. 
The clerk so appointed shall make a true record of the pro- 
ceedings of the meeting provided for by section four hundred 
and fifty-seven, certify and deliver the same to the clerk of 
the probate court of the county in which such meeting shall 
be held, together with the name by which such association or 
society shall thereafter desire to be known. And it shal be the 
duty of each probate clerk in this territory immediately upon 
the receipt of such certified statement to record the same in a 
book of record, to be kept by him, provided for that purpose at 
the expense of the county, for which service he may demand 
and receive the sum of ten cents per hundred words ; and from 
and after making such record by the clerk of the probate court, 
the said trustees or directors, and their associated members 
and successors, shall be vested with the powers, privileges and 
immunities incident to aggregate corporations, and a certified 
transcript of the record herein authorized to be made by the 
probate clerk shall be deemed and taken in all courts and places 
Avhatsoever in this territory as evidence of the existence of such 
society, association and corporation. 



OF THE TERRITORY OF NEW MEXICO. 37 

Sec. 459. — The trustees or Directors and Successors Shall Have Per- 
petual Succession, With the Common Powers and Privileges of 
Corporations. 

The trustees or directors who may be appointed under the 
provisions of this act, and their successors in office, shall have 
perpetual succession by such name as may be designated, and 
by such name shall be legally capable of contracting and prose- 
cuting and defending suits, and shall have capacity to acquire, 
hold, enjoy, dispose of and convey all property, real or per- 
sonal, which they may acquire by purchase, donation or other- 
wise, for the purposes of carrying out the intention of such 
society or association, but they shall not acquire or hold proper- 
ty for any other purpose. 

Sec. 460. — Such society, When Incorporated, May Elect Officers and 

Make By-Laws. 

Such society or association, when incorporated, may elect 
such officers and make such by-laws, rules and regulations as 
may be necessary and expedient for its own government and 
the management of its fiscal and other affairs to effect their 
respective objects. 

Sec, 461. — Vacancies in Boards of Trustees or Directors May be Filled, 
and Majority to Constitute a Quorum. 

If said board of trustees or directors as is provided by 
section four hundred and fifty-seven, shall be vacated either in 
whole or in part by death, resignation or otherwise, such board 
of trustees or directors may be revived, or such vacancy or 
vacancies filled by election in the manner pointed out in sec- 
tion four hundred and fifty-seven, for the original organization 
of said board, and a majority of said trustees or directors shall 
be a quorum for the transaction of business. 

Sec* 462. — Provisions for Organizing Corporations for Religious, Bene- 
volent, Charitable, Scientific and Literary Purposes, and 
for Establishing Colleges, etc. 

Any five or more persons, a majority of whom shall be 
citizens of the United States, and residents of New Mexico, 
may organize a corporation for religious, benevolent, chari- 
table, scientific or literary purposes, or for the establishment 
of colleges, academies, seminaries, churches or libraries, in the 
following manner : 



38 COMPILATION OF THE SCHOOL LAWS 

They may make and sign a certificate setting forth the 
name of the proposed corporation, its objects, location and 
term of its existence. 

Such certificate shall be acknowledged by at least five of 
its signers before a commissioner of deeds or notary public 
within the territory, and shall be filed in the office of the sec- 
retary of the territory. 

Sec. 463. — Organizers to be Body Corporate, Upon Filing Certificate. 

Upon such filing, the persons named in such certificate 
shall become and be a body politic and corporate by the name 
stated in said certificate, and for the term of existence therein 
specified. 

Sec. 464. — Corporation to THen Have Usual Corporate Powers and 

Privileges. 

Such corporation shall have power to sue and be sued, 
and to have and use a corporate seal, to take such real and per- 
sonal property as is necessary or proper for the furtherance of 
its objects and not in excess of the amount limited by law, by 
purchase, gift, devise, or bequest, and use or occupy the same, 
and to make such by-laws as to its membership, perpetuation 
and government as it shall deem proper. 

Sec. 465. — By-Laws of Such Corporation Invalid Until Copy Filed 
With Territorial Secretary. 

A copy of the by-laws of each of such corporations shall 
be filed in the offices of the secretary of the territory, and all 
amendments to such by-laws shall likewise be so filed, and no 
by-law shall be valid until filed as aforesaid. For each filing 
of a certificate or by-laws, the secretary shall receive one dollar. 

Sec. 466. — Real Estate of Such Corporations not to be Sold or Mort- 
Maged Without Consent of Judge of Supreme Court. 

No real estate belonging to any such corporation shall 
be sold or mortgaged, except by consent of a judge of the 
supreme court, which consent shall be founded on evidence 
showing the propriety of such sale or mortgage, and such evi- 
dence may be taken by a master or referee, if so decided by the 
judges. 

(But see Chap. 99, Laws 1905). 



OF THE TERRITORY OF NEW MEXICO. 39 

COUNTY OFFICERS. 

Sec. 684. — Persons Responsible for County Money to Render Account 
and Settle With County Commissioners at January Term; Also 
at Other Times When Notified in Writing. Balances to be Turned 
Into County Treasury. 

All collectors, sheriffs, treasurers, clerks, constables and 
all Other persons responsible for the money belonging to the 
county, shall render their accounts to settle with the lioard of 
county commissioners at their January term of each year or at 
any regular term of the board if so required by the board in 
writing, and pay into the county treasury any balance which 
may be found due the county, and take duplicate receipts there- 
for, and deposit one of said receipts with the clerk of the board 
within five days thereafter. 

Sec. 686. — Officers Falling to so Account and Settle, Liable to Fine 
of From Five to One Hundred Dollars. 

Every officer required by the preceding sections to report 
to the county board of commissioners who shall fail or neglect 
to do so as required by law, shall be fined in a sum not less than 
five nor more than one hundred dollars. 

Sec. 687. — County Commissioners to Examine Into Sufficiency of 

County Officers' Bonds, and to Require New 

Bonds When Necessary. 

It shall be the duty of the board of county commissioners 
of each county, at each regular term on the first day of each 
term' to examine and inquire into the sufficiency of the official 
bond of the collector, sheriff, treasurer, clerk of probate court, 
constables, and all other official bonds given or to be given by 
any county officer as required by law, and if it shall appear that 
any one or more of the securities on the official bond of any 
county officer has or have removed from the -county, died, or 
become insolvent, or of doubtful solvency, the said board of 
county commissioners shall cause such collector, sheriff, treas- 
urer, clerk, constable or other count)?- officer to be summoned 
to appear before the said board on a day to be named in said 
summons, to show cause why he should not be required to give 
a new bond with sufficient security, and if at the appointed time 
he shall fail to satisfy said board as to the sufficiency of the 
present security, an order shall be entered of record by said 



40 COMPILATION OF THE SCHOOL LAWS 

board requiring such treasurer, clerk, constable or other county 
officer, except the collector or sheriff, to file in the office of 
the county clerk within twenty days, a new bond to be approved 
as required by law, unless the number and pecuniary ability of 
other securities on said bond shall be such as to satisfy said 
board that the bond is sufficient, notwithstanding one or more 
of the securities on said bond may have removed, be dead, in- 
solvent, or of doubtful solvency, in which case the bond in ques- 
tion may be, in the discretion of the board, held sufficient. 

Sec. 768. — Probate Clerks to Subscribe for all Newspapers Published 

in County. 

The probate clerks of the several counties of this territory 
are hereby authorized and required to subscribe for such, one 
copy each of newspapers as are printed and published in their 
respective counties. 

Sec. 769. — Probate Clerk to Bind and Preserve Copies of Respective 

County Newspapers for Free Reference. On Neglect of 

Duty, to be Fined Fifty Dollars, One-Half to 

go to County School Fund. 

It shall be the duty of each probate clerk to receive and 
preserve every cop}^ of the paper or papers so subscribed for 
and from time to time, cause the same to be properly arranged 
and bound in volumes of convenient size and in a substantial 
manner, and said volumes, when bound, shall be kept in his 
office for the use of the courts, when needed, of strangers 
and the inhabitants of the county, all of whom shal) have 
access to the same at all times during office hours, free of 
charge. For his services in this behalf, the probate clerk shall 
receive the sum of ten dollars for each volume, and for the 
neglect of the duties hereby imposed shall forfeit the sum of 
fifty dollars, to be recovered with costs in a civil action before 
any court, one-half of which shall be paid into the county 
school fund and the other half to the person who shall prose- 
cute such action to successful termination. 

Sec. 771. — Persons Abstracting, Destroying, Mutilating or Defacing 

Probate Clerk's Files of County Newspapers Liable to 

Fine not Exceeding $500, Half to go to 

County School Fund. 

Any person who shall willfully abstract, destroy, mutilate 
or deface any number or volume of such newspapers pur- 



OF THE TERRITORY OF NEW MEXICO. 41 



chased in pursuance of this act, shall be deemed guilty of a 
misdemeanor, and shall be fined in a sum not exceeding five 
hundred dollars, or imprisonment in the county jail, not more 
than six months, or both by such fine and imprisonment in 
the discretion of the court : Provided, That one-half of such 
fine shall be paid into the school fund of the county where 
such offender may be convicted, and the other half to the per- 
son who shall make the complaint. 

COUNTY SURVEYOR. 

Sec. 791. — Persons Threatening or Interfering With County Surveyors 

in Performance of Official Duties, Liable to Fine of 

$5 to $100, and Damages, Said Fine to go 

to County School Fund. 

If any county surveyor shall be molested or prevented 
from doing or performing any of his official duties by means 
of threats or improper interference of any person or persons, 
such surveyor shall call on the sheriff, constable or other peace 
officer of the county, who shall accompany him and afford 
him all necessary protection against any person or persons 
thus threatening or improperly interfering with any county 
surveyor while performing his official duties ; such person 
or persons so offending shall, on conviction thereof before any 
court of competent jurisdiction, be fined in a sum not less 
than five dollars ($5.00) nor exceeding one hundred dollars 
($100.00), and moreover be liable for all damages caused to 
any person by the hindrance of the surveyor, and also for all 
the expenses that may accrue in consequence of the attendance 
of the sheriff or officer and the delay of the surveyor : Pro- 
vided, All fines imposed under the provisions of this section 
shall be paid to the county treasurer, for the benefit of the 
public school fund of said county. 

Sec. 843. — County or District Officers Shall not Act as Sureties on 
Bonds of Other Officers. 

No county or district officer shall be in future surety on 

the official bond of another county officer, and no such officer 

who shall be required to give bond shall be considered as 

qualified, if any other of the officers above mentioned shall 

give such bond. 



42 COMPILATION OF THE SCHOOL LAWS 

Sec. 857. — Persons Unable to Read and Write Either English or 
Spanish Well Enough to Keep Their Own Record, 
Ineligible for Positions of Trust. 

That hereafter in this territory, no person who cannot 
read and write sufficiently well to keep his own record in either 
the English or Spanish languages, shall be ineligible to be 
elected or appointed to or hold the office of justice of the 
peace, constable, school director, school treasurer or any other 
office or position of trust in which writing is required to 
be done or a record is required to be kept. 

(See Sections 863-867). 

Sec. 1, p. 303, Comp. Laws 1897. — Counties Divided Into First, Second, 
Third, and Fourth Classes, and Names in Each Class. 

Chapter 60, Session Laws 1897, p. 303, Comp. Laws, 
1897. 

That for the purposes of this act the counties of New 
Mexico are hereby divided into counties of the first, second, 
third and fourth classes. Bernalillo and San Miguel shall be 
counties of the first class; Santa Fe, Socorro, Dona Ana, 
Grant and Colfax shall be counties of the second class; Rio 
Arriba, Taos, Mora, Union, Chaves, Eddy, Lincoln, Sierra and 
Valencia counties shall be counties of the third class; Guada- 
lupe and San Juan shall be counties of the fourth class. 

Sec. 4 (as Amended). — Salaries of School Superintendents In Counties 
of the Several Classes. 

Section 4. (As amended). The county school superin- 
tendent of the several counties of this territory shall receive 
the following compensation : 

In counties of the first class $1,500 per annum each. 

In counties of the second class $900 per annum each. 

In counties of the third class $400 per annum each. 

In counties of the fourth class $300 per annum each. 

Sec. 12. — County and Precinct Officers to File Under Cath With 
Probate Clerk Detailed Quarterly Statements of Receipts and 
Disbursements. Making of False Statements Deemed Perjury, 
and Failure to File Statements Cause for Removal. 

All county and precinct officers shall be required to make 
and file with the probate clerks of their respective counties, 
quarterl)'- statements showing in detail the amounts of all pub- 
lic moneys received, collected or disbursed by them, which 



OF THE TERRITORY OF NEW MEXICO. 43 

said statement shall be verified by the oath of the officers 
making the same. Any officer knowingly making any false 
statement of the accounts herein provided for shall be deemed 
guilty of perjury and shall be punished as provided by law in 
other cases of perjury. Such statements shall be filed on or 
before the first day of Januar}^, April, July and October of each 
year; and any of said officers failing to make such state- 
ments as herein provided, may be removed from office by the 
county commissioners. 

This section shall take effect September ist, 1897. 

CRIMES AND OFFENSES. 

Sec. 1103. — Willful Burning at Night of Certain Buildings, Including 

Colleges and Academies, Punishable by Imprisonment of 

From One to Fiftt^en Years. 

Every person who shall willfully and maliciously burn, 
in the night-time, any meeting house, church, court house, 
town house, college, academy, jail or other building erected 
for public use, or any banking house, warehouse, store, manu- 
factory, or mill of another, or any barn, stable, shop, or office 
of another, within the curtilage of any dwelling house or any 
other building, by the burning of which any building men- 
tioned in this section shall be burned in the night-time, shall 
be punished by imprisonment in the county jail or territorial 
prison not more than fifteen years nor less than one year. 

Sec. 1104.— Willful Burning in the Day-Time of Certain Buildings, 
Including Colleges and Academies, Punishable by Imprison- 
ment of From Six Months to Eight Years. 

Every person who shall wilfully and maliciously burn, 
in the day-time, any building mentioned in the next pre- 
ceding section, the punishment for which, if burnt in the night- 
time, would be imprisonment in the county jail or territorial 
prison, not more than fifteen years nor less than one year, shall 
be punished by imprisonment in the county jail, or territorial 
prison, not more than eight years, nor less than six months. 

Sec. 1113. — Larceny From, or Breaking and Entering, Certain Build- 
ings, Including Colleges and Academies, Punishable 
by Fine and Imprisonment. 

Every person who shall commit the crime of larceny, in 
any dwelling house, office, shop or warehouse, or shall, break 



44 COMPILATION OF THE SCHOOL LAWS 

and enter, in the night-time or day-time, any meeting house, 
church, court house, town house, college, academy, or any 
other public building erected for public use, and steal there- 
from, shall be punished by imprisonment in the county jail or 
territorial prison not more than three years nor less than three 
months, or by a fine not exceeding one thousand dollars nor 
less than fifty dollars. 

Sec. 1125. — Persons Converting Territorial, County, Precinct or City 

Money to Own Use, or Loaning Without Interest or 

Neglecting to Pay Over Same According to 

Law, Guilty of Embezzlement. 

If any person, having in his possession any money belong- 
ing to this territory, or any county, precinct or city, or in 
which this territory, or any collector or treasurer of any pre- 
cinct or county, or the treasurer or disbursing officer of this 
territory, or any other person holding an office under the 
laws of this territory, to whom is intrusted by virtue of his 
office, or shall hereafter be intrusted with the collection, safe 
keeping, receipt, disbursement, or the transfer of any tax, 
revenue, fine or other money, shall convert to his own use, in 
any way or manner whatever, any part of said money, or shall 
loan, with or without interest, any part of the money intrusted 
to his care as aforesaid, or willfully neglect or refuse to pay 
over said money, or any part thereof, according to the pro- 
visions of law, so that he shall not be able to meet the demands 
of any person lawfully demanding the same, whether such 
demand be made before or after the expiration of his office, 
he ?hall be deemed -and adjudged to be guilty of an embezzle- 
menr. 

Sec. 1126. — Punishment for Embezzlers, Varying With Amount Em- 
bezzled. 

Any person who shall be guilty of embezzling any money 
prohibited by this or the last preceding section, not exceeding 
in amount the sum of one hundred dollars, shall, upon convic- 
tion, be punished by imprisonment in the county jail not more 
than one year nor less than three months ; and any person who 
shall be convicted of embezzling a greater sum than one hun- 
dred dollars, shall be punished by imprisonment in the county 
jail or territorial prison not more than three years nor less 
than one year, and by fine in each case of twice the amount 



OF THE TERRITORY OF NEW MEXICO. 45 

SO embezzled; and if the court cannot determine, from the ver- 
dict of the jury or otherwise, the amount of the sum embezzled, 
they shall impose such fine as in their discretion shall be ade- 
quate and corresponding as nearly as may be with the penalty 
imposed by this section; and every refusal by an officer to 
pay any sum lawfully demanded, shall be deemed guilty of an 
embezzlem^ent of the sum so demanded. 
(See Section 1129). 

Sec. 1263. — Unlawful to Maintain Opium or Hop Joint. 

It shall be unlawful for any person to keep or maintain a 
place for the purpose of furnishing opium to others, or what 
is commonly known as hop joint or opium joint; Provided, 
however, That the provisions of this section shall not, in any 
wise, apply to druggists who may dispose or sell the same upon 
the prescription of a physician. 

Sec. 1264. — Violation of Terms of Preceding Section a Misdemeanor, 
Punishable by Fine and Imprisonment. 
Any person violating the provisions of the preceding sec- 
tion shall be deemed guilty of a misdemeanor, and uppn convic- 
tion thereof before a justice of the peace, or the district court 
or any competent tribunal shall be fined in any sum not less 
than twenty-five dollars nor more than two hundred and fifty 
dollars, or he shall be sentenced to imprisonment at hard labor, 
in the county jail, for a term of not less than one, nor more 
than six months, or both said fine and imprisonment, in the 

discretion of the court or jury trying the case. 
Sec. 1265. — Half of Opium Joint Fines to go to District School Fund. 
All fines imposed under the provisions of this act, one- 
half shall go to the prosecuting witness, and the other to the 
treasurer and for the benefit of the school district wherein the 
offense was committed. 

Sec. 1268. — Saloon Keepers Allowing Minors to Play Games on Prem- 
ises, Liable to Fine of Ten to One Hundred Dollars. 

Any saloon keeper who shall permit any minor, under the 
age of twenty-one years, to play the game of billiards, pool, or 
any game of cards or dice, or any other game on his premises, 
on conviction thereof before the district court, or before any 
justice of the peace, shall be punished by a fine not less than 
ten dollars, nor more than one hundred dollars. 



46 COMPILATION OF THE SCHOOL LAWS 

Sec. 1269. — Half of Fines Imposed by Preceding Section to go to 

School Fund. 

All fines img^osed under the provisions of this act shall be, 
one-half for the county fund, and the other half for the school 
fund in which the offense is committed. 

Sec. 1272. — Illegal to Sell, Use, Give or Drink Liquor on Election Days. 

It shall be illegal for any person or persons in this terri- 
tory to sell, use or give, drink or dispose of any intoxicating 
or spirituous liquors on the day of any general or special elec- 
tion in this territory. 

Sec. 1273. — Half of Fine for Violation of Provisions Preceding Section 
to go to School Fund, 

Any person who shall violate the provisions of this act, 
on conviction thereof before any justice of the peace or dis- 
trict court, shall be punished by a fine of not less than twenty- 
five dollars and not exceeding one hundred dollars, or by im- 
prisonment in the county jail, in which such offense may have 
been committed, for a term not excee;ding thirty days, nor less 
than twenty days. The half of said fine to be paid to the per- 
son who informs or prosecutes the violators of this act, and 
the other half shall be paid into the school funds. 

(See Section 1276). 

Sec. 1295. — Illegal to Construct and Maintain Enclosures on Public 

Land, if Prejudicial to Others, Unless Permitted by 

United States Laws. 

It shall not be legal for any person or persons, company 
or corporation, to construct and maintain enclosures upon land 
considered and held as public land in this territory, nor to ap- 
ply the same to private use, which may result in prejudice to 
the citizens thereto, unless the sam(e be made and sustained 
in conformity with the provisions of the United States laws 
relative to government lands. 

Sec, 1296. — Enclosures to Have Gates at All Crossings of Public 
Roads and Trails. 

Whenever enclosures are constructed upon land, whether 
private or particular, of any person or persons, and upon which 
land a public road or trail may cross, and which is necessary 
for the free transit of the public, the person or persons, owners 



OF THE TERRITORY OF NEW MEXICO. 47 

of such enclosure or land, shall not construct the same in such 
a manner as to prevent the travel on said roads, but the same 
shall be properly kept under gates, easy to be opened and 
closed, and no owner or owners of said lands or enclosures, 
observing the provisions of this act, shall be considered as ob- 
structing or embarrassing said public roads. 

Sec. 1297. — Owners of Enclosures Bordering and not Crossing Public 
Roads May Recover for Damages to Enclosures by Animals. 

If any person owning and legally possessing lands in this 
territory, shall construct or cause to be constructed enclosure 
without crossing any public road, following his enclosures 
along both sides of said road, or roads, then, and in such case 
the owner or owners of said enclosure or enclosures shall be 
entitled toj-ecover damages caused by animals or otherwise, 
originated within said enclosures, before any court having 
jurisdiction in the matter. 

Sec. 1298. — Persons Under Pretext of Deed Occupying, or Trying to 
Deprive Others of Free Use of Public Land, Liable to 
Fine, to be Paid Into Public School Fund. 

Any person who shall, contrary to the provisions of this 
act, be found occupying, or trying to deprive others of the free 
use and pasturing upon public land, under the pretext of a 
deed, upon conviction thereof before any court having jurisdic- 
tion in the matter, shall be fined in a sum of not less than ten 
dollars, and shall besides, be liable for the damages caused 
thereto, which fines shall be paid into the public school fund 
of the county where the infraction may take place. 

Sec. 1305. — Gaming Tables and Apparatus Taxed $200 Annually for 
County School Funds. Officers Delivering License Before Paid 
for to Forfeit to School Fund Double Amount of License. 

That there shall be assessed and collected in the manner 
prescribed by law, as in case of other licenses, a tax of two hun- 
dred dollars, for the period of twelve months, to be paid in 
advance on each gaming table or apparatus of any kind what- 
ever, such as monte, faro, pass faro, pass monte, vandeau, rou- 
lette, twenty-one, red and black, rouge et noir, poker, stud 
horse poker, craps, keno or any game of chance played with 
cards, raffle or dice, or any subterfuge for the same by what- 
ever name known, which license shall he issued in the man- 



COMPILATION OF THE SCHOOL LAWS 



ner prescribed by law, in the case of other hcenses, but only 
upon a written request of the party desiring such license, 
signed by the applicant, setting forth the place or building in 
which said games are to be carried on, and said license shall 
only be good and apply to such place of business in said appli- 
cation mentioned : Provided, That the license herein provided 
shall only be receivable in current funds of the United States, 
and upon the payment of said license fee by said applicant it 
shall be paid into the hands of the county treasurer to be cov- 
ered into the school funds of the county: Provided, further, 
That any oflficer who shall deliver to the applicant any such 
license until the tax thereon has been paid, as herein provided, 
shall forfeit to the said school fund double the amount of said 
license, to be recovered upon the official bond of said officer : 
And provided, further, That not more than one game shall be 
played on the same table at any time, and the party or parties 
receiving such license shall post the same, or cause the same to 
be done, on the wall in a conspicuous place near such table, 
showing the game authorized to be played thereon. 

SABBATH OBSERVANCE. 

Sec. 1368. — Sunday Sports, Public Meetings and Exhibitions, Except 
for Religious Worship, and Sunday Labor Except Works of 
Necessity, Punishable by Fines and Imprisonment. 

Any person or persons who shall be found on the first 
day of the week, called Sunday, engaged in any sports, or in 
horse racing, cock fighting, or in any other manner disturbing 
any worshipping assembly, or private family, or attending 
any public meeting, or public exhibition, excepting for relig- 
ious worship, or instruction, or engaged in any labor, except 
works of necessity, charity or mercy, shall be punished by a 
fine not exceeding fifteen dollars, nor less than five dollars, 
or imprisonment in the county jail of not more than fifteen 
days, nor less than five days, in the discretion of the court, 
upon conviction before any district court. 

Sec. 1369. — Fines for infraction of Sunday law to go to district school 

Fund. 

All fines collected under this act to be applied to the 
school fund of the district in v/hich the offense was committed. 
It shall be the duty of any sheriff, collecting said fine, to pay 



OF THE TERRITORY OF NEW MEXICO. 49 

the same to the county treasurer, to the credit of the school dis- 
trict of the county in which the said offense was committed, 
within thirty days after collecting said fine, and take his receipt 
therefor. 

Sec. 1370. — Certain Labors Permissible on Sunday. 

It shall be lawful in cases of necessity for farmers and 
gardeners to irrigate their lands, and when necessary to pre- 
serve the same, to remove grain and other products from the 
fields on said day; and nothing in this act shall be construed 
tt- prevent cooks, waiters and other employes of hotels and 
restaurants, and of butchers and bakers, from performing their 
duties on said day. 

Sec. 1372. — Definition of S^unday. 

Sunday, for the purpose of this act, shall be regarded 
as the time between sunrise and midnight of said day. 

Sec. 1374. — Attorney General and District Attorneys to Prosecute Sab- 
bath Breai<ers. 

It is hereby made the duty of the attorney general and 
ai strict attorneys, to prosecute offenders against the pro- 
visions of this act, and they shall be entitled to receive a fee 
of five dollars for each conviction, and to be taxed as other 
costs. 

DEADLY WEAPONS. 

Sec. 1377. — Persons Carrying Deadly Weapons in Settlements, Except 

by Legal Authority or Threatened With Danger, Liable 

to Fine and Imprisonment. 

That any person who shall hereafter carry a deadly 
'Weapon, either concealed or otherwise, on or about the settle- 
ments of this territory, except it be in his or her residence, 
or on his or her landed estate, and in the lawful defense of 
his or her person, family or property, the same being then and 
there threatened with danger, or except such carrying be done 
by legal authority, upon conviction thereof, shall be punished 
by a fine of not less than fifty dollars, nor more than three 
hundred, or by imprisonment not less than sixty days, nor more 
than six months, or by both such fine and imprisonment, in the 
discretion of the court or jury trying the same. 



50 COMPILATION OF THE SCHOOL LAWS 

Sec. 1378. — Persons Drawing Deadly Weapons on Others Except in 

Defense of Life or Property, or by Legal Authority, 

Liable to Fine and Imprisonment. 

Any person who shall draw a deadly weapon on another, 
or who shall handle a deadly weapon in a threatening man- 
ner, at or towards another, in any part of this territory, except 
it be in the lawful defense of himself, his family or his pro- 
perty, or under legal authority, upon conviction thereof, shall be 
fined in any sum not less than one hundred dollars, nor more 
than five hundred dollars, or by imprisonment at hard labor 
in the county jail or territorial penitentiary not less than 
three months, nor more than eighteen months, or by both such 
fine and imprisonment, in the discretion of the court or jury 
trying the same. 

Sec. 1379. — Persons Assaulting Others With Deadly Weapons Liable 
to Fine and Imprisonment. 

Any person who shall unlawfully assault or strike at 
another with a deadly weapon, upon conviction thereof shall 
be punished by a fine not exceeding one thousand dollars, or 
by imprisonment at hard labor in the county jail or territorial 
penitentiary, not exceeding three years, in the discretion of the 
court or jury trying the same. 

Sec. 1380. — Drawing, Flourishing or Discharging Firearms in Public 

Places Unlawful, Except in Defense of Life or Property. 

Person Offending Liable to Fine and Imprisonment. 

Any person who shall unlawfully draw, flourish or dis- 
charge a rifle, gun or pistol within the limits of any settle- 
ment in this territory, or within any saloon, store, public hall, 
dance hall or hotel, in this territory, except the same be done 
by lawful authority, or in the lawful defense of himself, his 
family or his property, upon conviction thereof, shall be pun- 
ished by a fine of not more than one thousand dollars, or by 
imprisonment for a term of not more than three years, or by 
both such fine and imprisonment, in the discretion of the court 
or jury trying the same. The word settlement, as used in this 
act, shall be construed to mean any point within three hundred' 
yards of any inhabited house, in the Territory of New Mexico. 

Sec. 1381. — Armed persons insulting or assaulting Others by Word 

or Otherwise, Without Sufficient Provocation, Liable 

to Fine and Imprisonment. 

Any person being armed with a deadly weapon who shall, 



OF THE TERRITORY OF NEW MEXICO. 51 

by words, or in any other manner, insult or assault another 
without sufficient provocation, upon conviction thereof shall 
be punished by a fine of not less than one hundred dollars, nor 
more than three hundred dollars, or by imprisonment at hard 
labor in the county jail or territorial penitentiary, for not less 
than three months nor more than one year, or by both such 
fine and imprisonment in the discretion of the court or jury 
trying the same. 

Sec. 1383. — Meaning of Deadly Weapon. 

Deadly weapons, within the meaning of this act, shall be 
construed to mean all kinds and classes of pistols, whether the 
same be a revolver, repeater, derringer, or any kind or class of 
pistol or gun ; any and all kinds of daggers, bowie-knives, pon- 
iards, butcher knives, dirk knives, and all such weapons with 
which dangerous cuts can be given, or with which dangerous 
thrusts can be inflicted, including sword-canes, and any kind 
of sharp pointed canes; as also slug-shots, bludgeons and any 
other deadly weapons with which dangerous wounds can be 
inflicted. 

Sec. 1384. — Travelers May Carry Arms for Personal Protection. 

Persons traveling may carry arms for their own protec- 
tion, while actually prosecuting their journey, and may pass 
through settlements on their road without disarming; but if 
such travelers shall stop at any settlement for a longer time 
than fifteen minutes they shall remove all arms from their 
person or persons, and not resume the same until upon eve of 
departure. 

(Officers may carry arms; when). 

Sec. 1386. — Hotel, Saloon and Dance Hall Keepers te Conspicuously 

Post This Law in Both English and Spanish. Proprietors 

Failing to Call Attention of Violators to 

Law, Liable to Fine. 

Every keeper of hotel, boarding house, bar room, drink- 
ing saloon or place where liquor is sold, or dance hall, in this 
territory, shall keep conspicuously posted up, a copy of this act, 
in both the English and Spanish languages, and it is hereby 
made the duty of every such keeper of a hotel, boarding house, 
bar room, drinking saloon or place where liquor is sold, or 
dance hall, or the person in charge of the same, who shall be- 



53 COMPILATION OF THE SCHOOL LAWS 

come cognizant of any violations of the provisions of this act, 
in, upon or about their premises, to immediately and at once 
direct the attention of such violator to the provisions of this 
act, and upon a failure of such keeper of a hotel, boarding" 
house, bar room, drinking saloon, or place where liquor is sold, 
or dance hall, or the person in charge thereof, to so do, he or 
they shall be liable to pay a fine of not less than five dollars, 
nor more than fifty dollars. 

Sec. 1389. — Fines Collected Under This Act to go to County School 

Fund. 

All fines and penalties accruing from the violation of the 
provisions of this act shall be paid into the county treasury of 
the county in which such violation occurs, to the credit and 
for the benefit of the school fund of said county, 

GUARDIANS AND WARDS. 

Sec. 1437. — Father the Natural Guardian of Children, and the Mother 
if Father is Dead or Has Abandoned Them. Must be Appointed 
by Court in Order to Manage Childrens' Estate. 

The father, and, in case of his death or abandonment of 
his family, the mother, shall be the natural guardian of their 
children, and shall have the care of their persons and education ; 
but in no case shall they have the care and management of their 
estates, except they be appointed by the court for that purpose, 
when they shall ^ive bond and security in the same manner as 
other guardians. 

Sec. 1447. — Probate Court May Direct Guardian to Spend Specified 

Sum for Education and Maintenance of Ward, Even 

Exceeding Income of Estate. 

The probate court may direct a guardian to expend for 
the maintenance and education, if it shall be necessary, of his 
ward, a specified sum, although such sum may exceed the in- 
come of the ward's estate; but without such direction, the 
guardian shall not be allowed, in any case, for the mainten- 
ance and education of the ward, more than the clear income of 
the estate.. 

Sec. 1465. — Custody of Children's Person, Education and Estate in 

Hands of Father, if Living, and if not, in Hands of 

Mother. When Bond Shall be Given. 

In all cases, not otherwise provided for by law, the father 



OF THE TERRITORY OF NEW MEXICO. 5.5 

while living, and after his death and when there shall be no 
lawful father, then the mother if living, shall be the natural 
guardian of the children, and have the custody and care of 
their persons, education, and estates, and when such estate is 
not derived from the parent acting as guardian, such parent 
shall give security and account as other guardians. 

Sec. 1471. — Guardians to IVIake Annual Settlements With Probate 
Court, and if in Charge of Child's Education, Such Expenditures 
to be Reported Under Oath. Guardian's Neglect to Report May 
Subject Him to Imprisonment. 

Guardians and curators shall make annual settlements 
with the probate court, in which their proceedings shall be, 
beginning at the first term after the beginning of a year from 
their appointments or admission respectfvely, and at each cor- 
responding annual term as near as may be, until their final 
settlement ; and in such settlements guardians, having the care 
and education of the minors, shall make a statement on oath 
of the application of all moneys directed by the court to be 
applied by them to the education of their wards. Guardians 
and curators neglecting or refusing to make such settlements 
or statements on oath herein required, shall be liable to be 
attached and imprisoned until they make such settlements and 
statements, the court first making a rule on them respectively, 
to show cause why they should not be so proceeded against. 

ORPHANS AND POOR CHILDREN, APPRENTICE- 
SHIP. 

Sec. 1472. — Justices of Peace to Report to Probate Judges All Orphan 
Children and Those Whose Parents are too Poor to Maintain 
Them. Probate Court to Investigate and Bind Children Out. 

It shall be the duties of the justices of the peace of each 
precinct of the different counties, at the regular terms of the 
probate courts, to make returns to the probate judges of all 
the orphan children, poor and other children in his precinct, 
the parents of which cannot maintain them ; and it shall be the 
duty of the judge of probate, when said lists are presented, 
to investigate for proof; and if he shall find it to be true that 
said children are poor orphans, or that their parents are not 
maintaining them, to bind out such children as apprentices to 
such person as the probate court may approve, until they reach 



54 COMPILATION OF THE SCHOOL LAWS 



the age of twenty-one 5^ears, if males, or until they reach the 
age of eighteen years, if females. 

Sec. 1473. — Person to Whom Child Apprenticed to Give Bond to Prop- 
erly Clothe, Treat and Instruct Child. Other Provisions. 

Any person to whom a child shall be bound as apprentice, 
shall be required by the judge of probate, to give bond in the 
sum of not more than five hundred dollars, payable to the 
county, conditioned to provide the apprentice with sufficient 
clothing and food, and bed, and also to treat him with human- 
ity, and to teach him some occupation or office by which the 
said apprentice can maintain himself; and also to teach him to 
read and write, and arithmetic; and, at the expiration of said 
apprenticeship, he shall give him two good and durable suits 
of clothing. 

(Apprenticeship may be revoked, upon proper evidence). 

(Children of poor prisoners to be apprenticed; when). 

MASTERS AND APPRENTICES. 

Sec. 1479. — Probate Courts to Examine Into Condition of Orphans 
and Minors Without Sufficient Estate for Proper Maintenance 
and Education, and Shall Direct Guardians to Apprentice Wards, 
Under Certain Conditions. 

It shall be the duty of the said courts (probate) to exam- 
ine into the conditions of all orphans and such minors as have 
not sufficient estate for their maintenance and education; and 
in case the minors or orphans have not the means of mainten- 
ance and education, nor friends or relations walling to incur 
the expense of their maintenance and education, the judge of 
probate shall direct guardians to bind their wards as appren- 
tices, until the age of twenty-one, if males, and, if females, until 
the age of eighteen, to some good and reputable man or woman, 
to be chosen by the ward if over ten years of age, subject, how- 
ever, to the approval of the guardian and the probate court; 
which person shall bind him or herself to teach the apprentice 
some useful and reputable art, science, profession, trade or 
business, to be specified in the indenture ; and, also, to send the 
apprentice to school at least three months in each year, after 
the age of nine years, and to clothe, feed, lodge, and treat the 
apprentice humanely. 

(Indenture must be approved by court and recorded). 



OF THE TERRITORY OF NEW MEXICO. 55 

Sec. 1481. — Guardians to Choose Masters for Apprentices Less than 
Ten Years of Age. 

For minors to be apprentices under the age of ten years, 
the master shall be chosen by their guardian, or parent, or par- 
ents if living, subject to the approval of the probate court. 

Sec. 1482. — Probate Court to Apprentice Children of Parents Unable, 
or Neglecting, to Support and Educate Them. 

In case of minors whose parents, or either of them are 
living, but have not the means of maintaining their children, 
or willfully neglect to support and educate them, the probate 
court shall apprentice such children as in case of orphans. 

Sec. 1483. — Fathers, if Living, or Mothers May Apprentice Minor 
Children, on Failure of Probate Court to do so. 

The father of any minor, or, if the father be dead, the 
mother, when the probate court has not appointed a guardian, 
may apprentice their children, being minors, in the like manner 
as guardians, for the purpose of teaching them some useful 
art, science, profession, trade or business, by means of inden- 
ture. 

Sec. 1484. — Provisions for Education of Children Apprenticed by 

Parents. 

In all cases of children being apprenticed by the parents, 
the indenture shall bind the master to send the apprentice to 
school, at least three months in each year, after the age of nine 
years, which indenture must likewise be approved by the pro- 
bate court, and recorded in the office of the clerk of the pro- 
bate court. 

Sec. 1485. — Probate Court to Hear and Determine Complaints of Ap- 
prentices. 

The probate court shall at all times hear the complaints 
of apprentices, who reside within their respective counties, 
whether made in person or by any other person for them, 
against their masters, alleging undeserved or immoderate cor- 
rection, insufficient allowance or quality of food, raiment or 
lodging, or want of proper instruction. And the court shall 
hear and determine all such cases in a summary way, during 
terms, and make such order therein as in the judgment of the 
court will relieve the complaining apprentice for the future; 
or remove the apprentice, and bind him to someone else, if it 
shall be deemed necessarv. 



56 COMPILATION OF THE SCHOOL LAWS 



ADOPTING AND LEGITIMIZING. 

Sec. 1496. — Minor Children May be Adopted by Adult Persons or 

Charitable Associations, Without Reward for Care 

and Education. 

Any minor child may be adopted by any adult person or 
charitable association or incorporation organized and existing 
for the custody, care, maintenance and education of orphan, 
illegitimate, abandoned and other children intrusted to its cus- 
tody, and care without any reward or recompense for such cus- 
tody, care, maintenance and education, in the cases and subject 
to the rules prescribed in this chapter (Sections 1488-1508). 

Sec. 1514. — Territorial Board of Education Meetings. 

(As amended.) There shall be a Territorial Board of 
Education which shall consist of seven members — the gov- 
ernor, the superintendent of public instruction, and five mem- 
bers to be appointed by the governor from among the heads 
of the territorial educational institutions, the president of 
St. Michael's College, Santa Fe, and the superintendents of 
the schools in the four cities of the territorv ranking highest 
in population at the time the appointment shall be made : 
Provided, That immediately after the passage of this act the 
board shall consist of the governor, the superintendent of 
public instruction, the president of St. Michael's College, 
aforesaid, the president of the University of New Mexico, the 
president of the New Mexico College of Agriculture and Me- 
chanic Arts, and of two other members to be appointed bv 
the governor from among the heads of territorial educational 
institutions, not already members of the board and the four 
city superintendents of schools aforesaid; and thereupon it 
shall be determined by lot at the first meeting of the board 
which of the members other than the governor and the super- 
intendent of public instruction shall have his term of office 
expire on the first day of January, 1902, which on the first 
day of January, 1903, which on the first day of January, 
1904, which on the first day of January. 1905. and which on 
the first day of Januarv, 1906; and each year, at the expira- 
tion of the term of office of a member, ^the governor shall 
appoint his successor for a term of five years, and from 
among those persons who are made eligible by this act. The 



OF THE TERRITORY OF NEW MEXICO. 3/ 

board shall meet at the office of the superintendent of public 
instruction en the first Mondays of June and December, and 
at such other time on the call of the governor or a majority 
of the board as the public business ma}^ require. A majority 
of the board shall constitute a quorum for the transaction of 
business, and in the absence of the governor the board may 
elect a temporary presiding officer, who shall sign the journal. 

Sec. 1515. — Governor to be President of Board of Education 

That the governor shall be president of said board, and 
shall sign the journal of each day's proceedings. 

Sec. 1516. — Superintendent of Public Instruction. Office Created. To 
Be Secretary of Board of Education. 

The office of superintendent of public instruction is here- 
bv created, and the governor shall appoint, by and with the 
advice and consent of the Council, a duly qualified person to 
fill said office, who shall hold his office for two years and 
until his successor is appointed and qualified. The superin- 
tendent of public instruction shall receive for his salary the 
sum of two thousand dollars per annum^ payable monthly on 
the warrant of the auditor on the territorial treasurer, and 
also traveling expenses not to exceed five hundred dollars 
per annum ; the said superintendent of public instruction shall 
be secretary of said board, and shall keep a faithful and cor- 
rect record of its proceedings,' and shall keep the said record 
open at all times for inspection ; a cop)^ of said record, certi- 
fied by the secretary of the board, shall be in all cases received 
as evidence equal with the original. 

Sec. 1517. — (Repealed.) 

(Repealed.) 

Sec. 1518. — Official Oath. 

That the superintendent of public instruction shall, be- 
fore entering upon the duties of his office, take and subscribe 
an oath or affirmation, to support the Constitution of the 
United States and the laws of the Territory of New Mexico, 
and faithfully to discharge the duties of the office, which oath 



58 COMPILATION OF THE SCHOOL LAWS 

or affirmation shall be filed in the office of the Secretary of 
the territory. 

Sec. 1519. — Visit Counties. 

That it shall be his duty to visit each county at least 
once a year and as much oftener as consistent with the dis- 
charge of his other duties, for the purpose of holding- a teach- 
ers' institute and of awakening- an interest in the cause of 
education throughout the territory; such institute shall be 
held for at least two days in each county each year. He shall 
file and carefully preserve in his office the official reports 
made to him by the county superintendents of the several 
counties, trustees or directors of academies or colleges. 

Sec. 1520. — Recommend Text Books. 

That it shall be his duty to recommend the most ap- 
proved text books in English, or in English and Spanish, 
for the common schools of the territory, after the same have 
been adopted by the Territorial Board of Education ; and such 
text books, when adopted, shall not be changed for a period 
of four years. 

Sec. 1521. — Prepare BIanl<s. 

That he shall prescribe and cause to be prepared in 
English and Spanish, all forms and blanks necessary in the 
details of the common school system, so as to secure its uni- 
form operation throughout the territory, and to cause the 
same to be forwarded to the several county superintendents, 
to be by them distributed to the several persons entitled to re- 
ceive the same. He shall cause to be published, as needed, 
as many copies of the school laws in force, with such forms, 
regulations and instructions as he may judge expedient, there- 
to annexed, and shall cause the same to be forwarded to the 
county superintendents for distribution. 

Sec. 1522. — Prepare and Publish Annual Report. 

That he shall prepare in each year a report for publica- 
tion, bearing date of the last day of December, containing a 
statement of the number of common schools in the territory, 
the number, age, and sex of pupils attending the same, and 
the branches taught, and value of school property; also of 
the number of private and select schools in the territory, so 



OF THE TERRITORY OF NEW MEXICO. 59 

far as the same can be ascertained, and the number, age and 
sex of pupils attending the same, the branches taught, the 
number of academies and colleges in the territory, and the 
number, age and sex of students attending them, and such 
other matters of interest as he may deem expedient, drawn 
from the reports of county superintendents, trustees and 
school boards, of the several counties in the territory. 

Sec. 1523. — Location of Office. 

That he shall have an office at the seat of government, 
where shall be kept all books and papers appertaining to 
the business of his office, and copies of all papers filed in 
his office. His official acts may be certified by him, and 
when so certified shall be entitled as evidence equally and in 
like manner as the original papers, and he shall deliver to his 
successor within ten days after the expiration of his term, 
all books, papers, documents and other property belonging 
to his office. 
Sec. 1524. — Office of County School Superintendent Created. Term. 

That a superintendent of schools for each county shall be 
elected at each general election and hold his office for two 
years, or until his successor is elected and qualified. 
Sec. 1525. — Official Oatli and Bond. 

That the county superintendent shall have charge of the 
common school interests of the county. He shall, before en- 
tering upon the discharge of the duties of his office, take and 
subscribe an oath or affirmation, to support the Constitution 
>'f the United States and the laws of the Territory of Nfw 
"Mexico, and faithfully to discharge the duties of his office, 
vrhich oath or affirmation shall be filed in the office of the 
count}'- clerk. He shall also give bond in the sum of two 
thousand dollars, to be approved by and filed with the board 
of county commissioners of his county. 

Sec. 1526. — Duties. Teachers' Certificates. County Examiners. Territor- 
ial Board to Prepare Questions. Amended' by Chap. 73, L. 1905. 

(As amended.) (Laws 1901.) That he shall also, on 
the first Monday in January, April, July and October of each 
3'ear, or as soon thereafter as he has received the certificate 
of the Territorial Board of Education, signifying the amount 



60 COMPILATION OF THE SCHOOL LAWS 

appropriated to his county for the use of common schools for 
the current year, apportion sucli amount, together witli all 
the county school fund, for the same purpose, to the several 
districts within the county, in proportion to the number of 
children residing in each, over five and under twenty-one 
years of age, as the same shall appear from the last annual 
reports of the clerks of the respective districts, and he shall 
immediately certify such apportionment to the directors of 
the respective districts, and to the county treasurer, who shall 
credit the several school districts on his books with the re- 
spective sums apportioned to them. Provided, That no dis- 
trict shall be entitled to receive any portion of the common 
school fund in which a common school has not been taught 
at least three months during" the twelve months preceding. 
It shall also be his duty to visit each of the schools within his 
jurisdiction at least once a year, and he shall also see that the 
annual report of the clerks of the several school districts 
of his county are made correctly and in due time. In con- 
junction with two competent persons, appointed by the judge 
of the District Court wherein the county is situated, he shall 
make examination of all applicants to teach, and when d;ilv 
satisfied of their competency, shall grant them a certificate : 
Provided, That said superintendent, with one of said persons 
so appointed, shall constitute a quorum of said examining 
board. Said certificates shall be of three grades, and such 
examination shall be necessary for the three grades as the 
territorial superintendent shall designate, and in school dis- 
tricts where the only language spoken is Spanish, the teacher 
shall have a knowledge of both English and Spanish. Each 
member of said examining board shall receive five dollars 
per diem, and no more, for his services, to be paid from the 
county school funds. 

The Territorial Board of Education shall annually pre- 
pare or cause to be prepared sets of examination questions, 
upon such subjects as it may elect, for applicants for first 
and second class teachers' certificates, to teach in the several 
school districts, independent districts and incorporated towns 
and cities of the territory; and such board shall send one of 
such sets, sealed, to each of the county superintendents seven 
days before the last Friday before the close of the Normal In- 
stitute, and on such last Fridays as aforesaid, the said countv 



OF THE TERRITORY OF NEW MEXICO. t)l 



superintendents shall open the sealed questions in the pre- 
sence of the assembled applicants for teachers' certificates, 
and the examining beard, and shall at once proceed to hold 
examinations on such questions. Special examinations may 
be held in counties of the first class at other times when 
necessary at the discretion of the examining board. The ex- 
amining board shall grade the applicants on the examinations 
so held, and shall immediately send the papers of the appli- 
cants, together with the grade it has given them, to the Terri- 
torial Board of Education, or its representative, to be revised 
if deemed proper. This revision shall be final, and the ex- 
amining board holding the examination shall, on notification, 
immediately issue a certificate to the applicant to accord Avith 
the action of said Territorial Board of Education; but in the 
absence of such revision and pending such revision the grade 
given by the examining board shall stand. All applicants 
receiving a general average grade as high as 90 per cent., 
with no grade in any one branch lower tlian 70 per cent., 
shall receive first class certificates, entitling them to teach for 
three years throughout the territory; and those receiving a 
general average grade as high as 70 per cent., with no grade 
in any one branch lower than 50 per cent., shall receive 
second class certificates entitling the recipients to teach for 
two years within the county in which granted, and which may 
be honored in other counties, for time specified in the certi- 
ficate only, at the discretion of the county superintendents 
of said other counties. Third class certificates, entitling the 
recipient to teach for one year within the county in which 
granted, may be granted as now provided by law. The mem- 
bers of such examining board shall not be paid for more than 
six days' services for au)^ one examination session in coun- 
ties other than those of the first class. Holders of first class 
certificates may have them renewed within any county at the 
discretion of the superintendent of said county without a for- 
mal re-examination, in case evidence is shown of successful 
experience in teaching and faithful attendance to duty : Pro- 
vided, That no such renewal of any certificate shall be made 
b}^ any county superintendent without the consent of the 
Territorial Board of Education; but in the absence of such 
renewal, all first class certificates shall be void at the expira- 
tion of three years from their date. All second class certifi- 



62 COMPILATION OF THE SCHOOL LAWS 

cates shall be void at the expiration of two years from their 
date, and all third class certificates at the expiration of one 
year from their date. Certificates, good only in the district 
in which granted, may be issued by the authority of boards 
of education in incorporated cities, and shall be valid and 
sufficient for teachers in said districts for such periods as 
said board may prescribe. A legally qualified teacher, to 
teach in any school district, independent district or incorpora- 
ted town or city, shall be one who has been^cefti^^ed as 
prescribed in this act, and who possess a certificate*o^m^nd- 
ance upon some county or city normal institute, or summer 
school, or has an approved excuse for non-attendance; and 
in school districts where the only language spoken is Spanish 
the teacher shall have a knowledge of both Spanish and Eng- 
lish. Any county superintendent, or member of a school 
board, or county treasurer who shall directly or indirectly 
cause the public school funds to be paid for teachers' services 
to any other pers®n than a 1i ^i.11^ ijli *1i Tii i1 h n In i under 
the provisions of this act shall be guilt)'^ of a misdemeanor. 
and upon conviction thereof shall be fined in a sum of not less 
than one hundred dollars ($100.00) nor more than five hun- 
dred dollars ($500.00) for each and every offense, and maybe 
removed from office by the governor : Provided, No first class 
certificate shall be issued, nor shall an}^ person be entitled to a 
first class certificate, until he or she has procured the same 
by examinatioli as provided for in this act. 

Sec. 1527. — Duties in Respect to New Districts. Annual Report. 

That whenever a school district shall be formed in any 
county, the county superintendent shall within fifteen days 
thereafter prepare and post a notice of the formation of such 
district, describing its boundaries and stating the number 
thereof and appointing a time and place for the first district 
meeting, and shall also furnish the county clerk with the de- 
scription and boundaries of each) school district as soon as 
practicable after the same is formed. He shall, on or before 
the fifteenth day of October of each year, make out and 
transmit in writing to the territorial superintendent, bearing 
date of October one, a report containing the statement of the 
number of school districts in the county, and the number, age 
and sex of children residing in each over five and under 
twenty-one years of age ; the number of schools in the county, 



OF THE TERRITORY OF NEW MEXICO. 



the length of time each school has been taught; the number, 
age and sex of pupils attending the same; the number and sex 
of teachers employed, branches taught, and text books used; 
the number of private or select schools or academies in the 
county, so far as the same can be ascertained; the number, 
age and sex of pupils and teachers employed, and the branches 
taught in each; the amount of public money received in each 
district; the amount of money raised by taxes, and paid for 
teachers' salaries, in addition to the amount of public money 
raised by tax or otherwise for the purpose of purchasing' sites 
for school buildings, repairing and furnishing school houses, 
and such other information as the territorial superintendent 
may desire. 

Sec. 1528. — Penalty For Failing to Make Annual Report. 

That every county superintendent who shall willfull)- 
neglect or refuse to make and deliver to the territorial super- 
intendent his annual report, as required by this act, within the 
time limited therefor, shall be liable on his bond for the full 
amount of money lost to the county by such neglect or re- 
fusal, with the interest thereon at 12 per centum per annum, 
to be recovered by the county treasurer in the name of the 
county, from the bondsmen of said Superintendent. 

Sec. 1529. — Present School Districts. Declared to be School Districts, 

That each of the school districts of the different coun- 
ties as now constituted, is hereby declared to be a school dis- 
trict, until changed under the provisions of this act, and there 
shall be established in each district one or more schools in 
which shall be taught orthography, reading, writing-, arith- 
metic, grammar, geography, the English language, and the 
history of the United States. 

Sec. 1530. — Each School District a Body Corporate. 

That each school district shall be a body corporate by 

the name and style of School District Number , of the 

County of , and by such name may contract and be con- 
tracted with, sue and be sued, in any of the courts of this terri- 
tory having competent jurisdiction; and every such district 
shall hold, in the corporate name of the district, the title of 
lands and other property which may be required by said dis- 
trict for school purposes. 



64 COMPILATION OF THE SCHOOL LAWS 



Sec. 1531. — Formation of New Districts. (See Chap. 25, L. 1897.) 

That hereafter no school district shall be created or di- 
vided unless it is done by a petition signed by twenty-five 
heads of families who are the parents of children of school 
age. That no school district shall be hereafter created or 
divided unless there shall be twenty-five children at least of 
school age in the new district, and leave at least fifty child- 
ren of school age in the district or districts from which such 
new district is taken. 

Sec. 1532. — Election of School Directors. 

(As amended.) That on the second Monday of May, 
189 1, the present county school superintendents of the 
respective counties shall cause to be posted notices in at 
least three public places in each school district, calling an 
election to be held for three school directors of said district, 
on the first Monday in June following; said election to be 
held by three property holders in said district, to be named in 
said notice, and after said election is held, the three directors 
elected shall hold office for one year and until their successors 
are elected and qualified, and the judges of election shall cer- 
tify the result to the county superintendent. On the second 
Monday of May of each succeeding year the directors serv- 
ing at that time shall post notices of an election to be held 
by them on the first Monday in June by the qualified voters 
for three school directors, whose term shall be one year. 
Only legal voters, residing and paying taxes in said district, 
shall be qualified to vote at said election ; the votes shall be by 
written or printed ballots, and the election shall be held be- 
tween the hours of 8 a. m. and 5 p. ,m. on the first Monday 
of June, at the public school house or some other convenient 
place to be specified in said notice; the result of said election 
shall be certified by said directors to the County Superinten- 
dent, and the term of office of said directors shall iDegin on 
the first Monday of July following their election. The direc- 
tors so elected shall take and file with the county superinten- 
dent, before the first Monday of July, an oath that they will 
faithfully perform the duties of their office; said oath shall 
be administered by the judges holding the election first pro- 
vided for, and at subsequent elections by the directors serving, • 
and in said oath shall be set forth the number of said school 



OF THE TERRITORY OF NEW MEXICO. 65 



districts. Any school director who shall fail to call the elec- 
tion and post the notices therefor, or to correctly certify the 
result of such election as required in this section, shall be 
deemed guilty of malfeasance in office, and shall be disquali- 
fied from again holding said office by appointment or other- 
wise for a period of one year thereafter, and shall be summa- 
rily removed by the superintendent of schools, and shall be 
fined not less than twenty-five dollars nor more than one 
hundred dollars, or imprisoned in the county jail not less than 
twenty- five nor more than one hundred days, the said fines to 
go to and become a part of the school fund of the district in 
which such person was a director. And it is hereby made the 
duty of the county school superintendent so removing a direc- 
tor to make affidavit of the facts to the district judge, or before 
any justice of the peace, and to act as prosecuting witness 
against said director. The said school directors shall truly 
canvass the vote cast at the election and send the ballots to 
the county school superintendent, together with their certi- 
ficate of election, where said ballots shall remain in his cus- 
tody for the period of thirty days, during which time notice 
of contests may be given by any person interested. If no such 
notice shall be given within such period, the county school 
superintendent shall destroy such ballots. But if such notice 
of contest be given, it shall be his duty to turn the same over, 
in exactly the same condition as they were received by him, 
to the Probate Clerk of his county, where they may be exam- 
ined under the same terms and conditions as ballots in other 
cases of contested elections for county officers, and the same 
provisions shall apply to a contest for the position of school 
director as is provided by law for contesting other county 
officers. 

Sec. 1533. — Organization and Duties of School Directors. ' 

That five days after their qualification the school direc- 
tors shall meet and elect a chairman and a clerk, and two 
directors shall constitute a quorum, which shall be competent 
to discharge all the duties of a full board. Should a vacancy 
occur from any cause, notice shall be given to the county 
superintendent by the directors or a director, and thereupon 
said county superintendent shall appoint a director to fill such 
vacancy until the next election. They shall have the care and 



66 COMPILATION OF THE SCHOOL LAWS 

keeping of the school house and other property belonging 
to the school district, and are hereby authorized to open the 
school houses for the use of religious, political, literary, 
scientific, mechanical, agricultural, and industrial societies 
belonging to their district, for the purpose of holding busi- 
ness or public meetings of said societies. 

Sec. 1534. — Powers of School Directors. (As Amended by Chapter 72, 
Laws of 1903 and by Chapter 109, Laws of 1905. 

That the school directors of the several districts shall 
have power and are hereby required to provide, as soon as 
practicable, school house sites, proper school houses, and suffi- 
cient fuel for the schools established by this act or any prior 
act; they shall pay teachers' wages and interest on school 
house bonds, as provided in section one thousand five hundred 
and thirty-five, and for that purpose they are empowered 
to levy a tax when necessary, not exceeding five mills on 
the dollar in any one year on the taxable property of their 
respective districts : Provided, That any school district, upon 
a majority vote of the legal taxpayers thereof, at a regularly 
called election for the purpose, may have power to levy for 
school purposes not to exceed ten mills, including the five 
(5) mill levy hereinbefore authorized for such purposes. 

Sec, 1535. — Additional Duties of School Directors.. See Chapter 23, 

Laws of 1905. 

It shall be their duty to make an estimate for such tax 
levy on or before the third Monday of July of each year, of the 
amount of money necessary for teachers' wages for at least 
six months in each year, and to purchase or lease suitable 
sites for school houses, and to keep in repair and provide 
said school houses with necessary fuel and furniture, books 
and stationery, for the board and district meetings, and de- 
fray all other contingent expenses of the district, including 
interest on school house bonds, which tax levy shall be voted 
upon by the qualified voters of said district, and if concurred 
in by a majority of such said voters of said district, it shall 
be certified by the board of county commissioners of the 
proper county, and if such commissioners decide such elec- 
tion legal, this tax shall then be collected by the sheriff or 
tax collector, as other school taxes are now collected and 
accounted for : Provided, That no board shall issue warrants 



OF THE TERRITORY OF NEW MEXICO. 67 



or certificates of indebtedness of the school district, in ex- 
cess of the amount of the levy for one year, but all school 
orders shall draw 6 per cent interest per annum after having 
been presented to the county treasurer and not paid for want 
of funds, which fact shall be indorsed upon the order by the 
treasurer; and they shall further have power to levy a spec- 
ial tax not exceeding five mills on the dollar of taxable pro- 
perty, for the purpose of creating a sinking fund to pay off 
school house bonds, as provided for in section one thousand 
five hundred and forty-three. The directors of the several 
school districts shall also employ and pay school teachers un- 
der the restrictions imposed by this act, and shall have the 
general control and management of the schools in their re- 
spective districts, subject to such supervision as shall herein 
be conferred upon the county superintendent; and the direct- 
ors in the several school districts in the territory shall, on or 
before the first day of September of each year, make an 
enumeration of all unmarried persons between five and twen- 
ty-one years of age, giving- the names, ages and sexes of such 
persons in full, and reporting the same in writing, which shall 
be signed by all the directors and sent to the county superin- 
tendent within fifteen days thereafter. All resident unmar- 
ried persons between said ages shall be entitled to attend the 
schools of their districts. The clerks of the several school 
districts shall, on or before the first day of May of each year, 
make a report to the county superintendent in writing, show- 
ing the amount of money collected and expended for school 
house sites, school houses, arid fuel, interest on school house 
bonds, contingent expenses, and for salaries paid teachers, 
within the twelve months preceding. Any school director 
who shall willfully refuse or fail to make any report or per- 
form all the duties required by this section, shall be deemed 
guilty of a misdemeanor, and on conviction before the dis- 
tiict court of the proper county, shall be punished by a fine 
of not more than one hundred dollars, or by imprisonment in 
the county jail for a period not exceeding sixty da3^s, in the 
cHscretion of the court. 

Sec. 1536. — Teachers to Keep Records and Make Reports. 
That every person employed to teach a school estab- 
lished by this act, or any acts now in force, shall keep a proper 
record, and at the end of each term, make a report to the 



68 COMPILATION OF THE SCHOOL LAWS 



county superintendent, showing the whole number of pupils 
that have attended school during such term, giving the names, 
ages, and sexes, the average daily attendance, the branches 
taught, and such other facts as mlay be deemed important as 
showing the character of the school and the proficiency of 
the pupils; and for failure to make such report, he may be 
fined in the sum of not more than fifty dollars, upon convic- 
tion before any justice of the peace. No person shall be 
paid any money for teaching any school established under 
this act until an order is presented, signed by two of the school 
directors of the proper district and endorsed by the county 
superintendent. 

Sec. 1537. — Tax Levy For School Purposes. 

(As amended by Section lo, Chapter io8, Laws 1903.) 
That the territorial auditor shall annually, on or before the 
first day of May of each year, levy a tax of two (2) mills on 
the dollar upon all taxable property in the territory, and cer- 
tify the same to the county collectors of the several counties, 
who shall collect the same as other .taxes are collected. The 
money thus, received shall not be spent for any other purpose 
than for paying the expense of collection, which shall not ex- 
ceed 4 per cent, of the sum thus collected, and for paying the 
expenses of printing necessary forms of blank reports, school 
laws, the salaries of the county superintendents of public in- 
struction, the expense X)i their offices and paying school 
teachers. And when said taxes are collected the same shall 
be paid by the county collectors of the various counties of the 
territory into the treasuries of the counties to the credit of the 
general school fund of each county. 

Sec. 1538. — Bond of County Treasurers as Treasurers of School Funds. 

That the county treasurers shall severally give bond, with 
two or more sureties, as treasurers of the school fund in 
their respective' counties, in a sum which shall be fixed by the 
superintendent of public instruction at double the probable 
amount of the school funds which shall come into their hands ; 
said bonds shall in no case be for a less amount than ten 
thousand dollars and shall be approved by the county super- 
intendent of the proper county and filed with the superintend- 
ent of public instruction. 



OF THE TERRITORY" OF NEW MEXICO. b^ 

Sec. 1539.— (Repealed Acts 99. Chapter 88.) 
Any tax collector who shall fail to pay over all school 
money collected by him within thirty days after the tenth 
day of each month in which the same is collected, shall be 
summarily removed by the governor from the office of col- 
lector. 

Sec. 1540. — Penalty for Tax Collectors Failing to Turn Over Money. 

If the tax collector be also sheriff, such delinquent shall 
also be removed from the office of sheriff and forever there- 
after be disqualified from holding either of said offices, and 
the governor shall appoint a successor, who shall qualify ac- 
cording to law, and who shall hold his office during the balr 
ance of the time of the officer removed. It shall also be the 
duty of the collector of taxes to keep the accounts of special 
taxes levied by school districts, in separate books provided 
for that purpose. 

Sec. 1541. — Chapter 1, Compiled Laws of 1897, Regarding the Issuance 
of Bonds by School Districts, Amended by Chapter 81, Laws 

of 1905. 

That school directors shall have power and authority to 
borrow money for the purpose of erecting and completing 
school houses by issuing negotiable bends of the district, to 
run any period of not less than twenty years nor exceeding 
thirty years, drawing interest at a rate not to exceed six 
per centum per annum;, with interest payable semi-annually, 
at such a place as the board of directors issuing the same may 
direct, which said indebtedness shall be binding and obligatory 
on the school districts for the use of which said loan shall be 
made ; but no district shall permit a greater outstanding in- 
debtedness than an amount equal to four per centum of the 
assessed value of the property of such district. 

Sec. 1542. — Issuing of Bonds to be Determined by Qualified Electors. 
Term and Disposition of Bonds. 

That the directors of any school district may submit to 
the voters of their district at the annual or any special meet- 
ing called for that purpose, the question of issuing bonds as 
contemplated by this act, giving the same notice of such meet- 
ing as is now required to be given for the election of directors 
by this act, and the amount proposed to be raised by the sale 



70 COMPILATION OF THE SCHOOL LAWS 

of such bonds, which question shall be voted upon by the 
qualified electors of the district, and if a majority of all the 
votes cast upon that question be in favor of the issue of such 
bonds, then said board shall issue bonds to the amount voted, 
in denominations of not less than twenty-five dollars, nor ex- 
ceeding" five hundred dollars, due not less than twent}^ nor 
more than thirty years after date, and redeemable at the 
pleasure of the district at any time after ten years, which said 
bonds shall be given in the name of the district issuing them 
and shall be signed by the president of the board of directors 
and approved by the county superintendent and be delivered 
to the county treasurer, taking his receipt therefor, and said 
county treasurer shall advertise for the sale of said bonds to 
the highest bidder, in at least four issues of some weekly 
paper published in his county, or an adjoining county, and 
shall countersigT. said bonds when negotiated; the county 
treasurer shall'i place the proceeds of such sale of bonds to the 
credit of the proper district, to be paid out as provided for in 
the manner of special district tax. The county treasurer 
shall stand' charged upon his official bond with all bonds that 
may be delivered to him, but any bond or bonds not sold may 
be returned to the district and the treasurer credited with the 
same : Provided, That if such bonds are issued for the 
building of a school house, that the contractor constructing- 
•the same may receive in payment such bonds at their face 
value, or at the price offered by the highest bidder. Provided, 
further, That none of the bonds mentioned in this act shall 
be sold for less than ninety cents on the dollar. 

Sec. 1543. — Special Levy. 

(As amended by Chapter 74, Laws 1903.) That a 
special levy, not exceeding seven and one-half (7.5) mills, 
ma)^ be levied by the district board in the same manner as 
such levy is made for general expenses in section 1535, title 
II, Chapter i, Compiled Laws of 1897, to be used as a sinking 
fund for the payment of outstanding bonds and for enlarging 
school houses or for building additional school buildings : 
Provided, No levy shall be made for the creation of a sinking 
fund at less period than ten years after such bonds have been 
issued. The sinking fund may be applied by the directors 
to the purchase and cancellation of outstanding bonds of the 



OF THE TERRITORY OF NEW MEXICO. 71 

district, and to the building of additional school houses or the 
enlargement of their present school buildings. 

Sec. 1544. — All Property Subject to Levy. 

All property, personal and real, situated in each school 
district, shall be subject to the general three mills levy, and 
also to the sinking fund bond levy, and also to the five mills 
special levy, for the purpose of this act and no further. 

Sec. 1545. — Bonds Not to be Issued Until Boundaries of School Dis- 
tricts Have Been Established. 

That no bonds of any district shall be issued or any 
special tax levied until the boundaries of said districts shall 
have been established and the property marked by monu- 
ments or by natural objects as provided by law. The boun- 
daries of all school districts in this territory, so far as possible, 
shall coincide with the precinct boundaries, and said bound- 
aries shall be established by the proper authorities, and the 
corners thereof marked by monuments or natural objects 
Math the words, District Number , in a permanent man- 
ner marked upon them, and an outlined map of the district 
made, showing the length and breadth thereof, and the pro- 
posed location of the school house ; a copy of said map to be 
filed with the county superintendent. 

Secj 1546. — Establishment of Boundaries of School Districts. 

That the count}" superintendent, the president of the 
school district, and some competent person, the county sur- 
veyor, should there be one appointed by the county commis- 
sioners, shall constitute the board, whose duty it shall be to 
establish corners, boundary lines, and draw the map contem- 
plated in section one thousand five hundred and forty-five; 
the expense of such proceedings to be charged to the county 
wherein the district is situated and to be allowed by the Board 
of county commissioners thereof, and not to exceed the sum 
of ten dollars for each district. 

Sec. 1547. — Assessor to Make Assessment of District After Boundaries 

Are Established. 

That in any school district where a special tax is in con- 
templation of being levied, or of bonds being issued, and after 
the boundaries of the district have been properly determined 



/Z COMPILATION OF THE SCHOOL LAWS 



and marked for that purpose, it shall be the duty of the county 
assessor to visit said district and make an assessment of all 
taxable property, both personal and real, within said school 
district, as fully and completely as he is now required to make 
the assessment of the county and he shall be governed by 
the same rules, especially including in such assessment all 
kinds of live stock which graze wholly within the limit of 
such district. The county assessor shall provide each board 
of district directors with a copy of such lists of taxable prop- 
erty in the several districts. 

Sec. 1548. — Temporary School Fund. 

(As amended by Sees. I7)and 19, Chapter 119, Laws of 
1903.) That the following are hereby declared to be and are 
to be, temporary funds for common school purposes and shall 
be paid to the county treasurer, to be applied by the county 
treasurer to the general school fund of each respective coun- 
ty ^ 

First. The proceeds of all sales of mtestate estates 

which escheat to the territory. 

Second. All forfeitures or recoveries on bonds of 
county, precinct or territorial officers. 

Third. The proceeds of all fines collected for violation 
of the penal laws. All moneys accruing under the provisions 
of this section shall, on or before the first Monday in January, 
April, July and October in each year, be paid into the county 
treasury by the officer collecting the same, who shall take 
duplicate receipts therefor, one of which he shall file in the 
office of the county clerk, and all officers who fail for two 
consecutive terms to make such payment and file said dupli- 
cate receipts with the county clerk, or who shall have failed 
to make quarterly reports as now required by law, shall be 
subject to summary removal from office by the board of 
county commissioners at the next regular meeting thereafter, 
and shall also be liable to indictment for malfeasance in of- 
fi.ce and false swearing, and the person so indicted shall upon 
conviction thereof be ineligible to hold said office for the 
period of two years thereafter ; and judges of the district 
court are hereby required at each term to give this section of 
the law a special charge to the grand jury, which body is 
authorized to especially inquire into and make presentment 



OF THE TERRITORY OF NEW MEXICO. 



of offenses committed under this act. 

Fourth. The proceeds of the sales of lost goods or es- 
trays. 

Fifth. All moneys arising from licenses imposed upon 
v.-holesale and retail liquor dealers, distilleries, breweries, wine 
presses, which now pay license or may hereafter be required 
to pay license. 

Thirty-three and one-third per cent, of all the moneys 
arising from the above enumerated sources, when collected, 
shall be paid into the county treasury to the account of the 
general county school fund of each county in which collected. 
The collector, or person paying in the above enumerated mon- 
eys to the county treasurer shall receive from the county 
treasurer a receipt in full for the amount paid in. 

County treasurers shall quarterly, on or before the third 
Monday in March, June, September and December in each 
year, notify the county superintendent of schools in their 
respective counties of all funds coming into their hands for 
public school purposes during the preceding quarter and the 
total amount of moneys on hand then available for public 
school purposes. 

Sec. 1549. — Poll Tax. As Amended by Chapter 61, Laws 1905. 

That a poll tax of one dollar shall be levied upon all 
able bodied male persons of the age of twenty-one years or 
over, for school purposes. It shall be the duty of the clerks of 
the various school districts of the Territory of New Mexico 
to make out separate lists of all persons liable to pay a poll 
tax, resident in their respective districts and the said clerk 
shall receive three dollars, to be paid out of an}'- funds in the 
hands of the directors of said school district for such services, 
and no other person shall receive a recompense for such ser- 
vice. It shall be the duty of the said school district clerk to 
collect said poll tax and said clerk shall receive ten per centum 
of all moneys collected from poll taxes. The school district 
clerks are hereby empowered to bring suit in the name of the 
school district for the collection of said poll tax, if not paid 
within thirty days after the first demand has been made for 
the payment of same from any person so delinquent. All 
poll taxes shall be paid to the county treasurer for the use of 
the respective school districts in which the same are collected. 



COMPILATION OF IHE SCHOOL LAWS 



and the treasurer shall pay to the school district clerk his 
percentage of the gross amount collected : Provided, That 
no resident of any school district shall pay his poll tax to any 
other district than the one in which he resides : And, Pro- 
vided, further, That no poll tax shall be received by any dis- 
trict clerk from any resident of any other school district. No 
property shall be exempt from execution in suits for collec- 
tion of poll taxes and the justices of the peace and constables 
shall not demand fees in advance for such suits. 

Sec .1550. — Duty of District Clerk in Respect to Poll Tax. Amenderl by 
Chapter 61, Laws 1905. 

It shall be the duty of the school district clerks to make 
at least four copies of the names of persons liable to pay poll 
tax, and on the first Monday in February he shall post one 
of said lists in some conspicuous place in their respective dis- 
tricts for the information of the people, and on or before the 
first Monday in April the school district clerks shall report 
to the county clerk a complete list of said persons liable to 
pay a poll tax in their respective districts, and shall report 
said list to the county superintendent in writing, and shall 
report to said superintendent the amount of poll tax 
collected, from whom collected, the names of persons still 
delinquent and the reasons for said delinquency, and further, 
one list of such persons liable to pay a poll tax shall be filed 
in the office of' said clerks. 

Sec. 1551. — Duty of Assessor in Respect to Poll Tax, Repsaled by 
Chapter 61, Laws 1905. 

Sec. 1552. — District to Acquire Real Estate. 

That it shall be lawful for any district to take and hold 
in its corporate name, under the provisions of this act, so 
much real estate as may be necessary for the location and 
construction of a school house and convenient schools : Pro- 
vided, That the real estate so taken, otherwise than by con- 
sent of the owner, shall not exceed one acre. The site so 
taken must be situated on some public highway or thorough- 
fare. 

Sec. 1553. — Condemnation of Land. 

That if the owner of any such real estate refuse or 
neglect to grant the necessary site on his premises, then and in 



OF THE TERRITORY OF NEW MEXICO. 75 

that case the directors may acquire title to so much of said 
land as is necessary for school purposes, in the manner now- 
provided by law for the condemnation of land for railroads 
or other public purposes, and such lands so taken shall be 
deemed to be taken for public use. 

Sec. 1554. — Joint School Districts. 

That it shall be lawful for communities, where lying- 
contiguous in the same county, though in different precincts, 
to form school districts according to the provisions of this act : 
Provided, That in such cases it shall be the duty of five of 
said petitioners to certify, under oath, the number of heads 
of families and children of school age belonging to the sev- 
eral parts or precincts sought to be joined in the new district. 

Sec. 1555. — Compulsory School Attendance. 

(As amended by Chapter 39, Laws 1903.) Sub-Section 
I. That the school directors or board of any school district, 
town or city in this territory, are hereby empowered and re- 
quired to compel parents, guardians or other persons having 
the control, care or direction of children, when such children 
do not attend some private or denominational school, to 
send such' children under their control to the public school 
for at least three months in each year, except that children 
referred to in this act shall not be less than seven nor more 
than fourteen years of age, or of such physical disability as 
to unfit them for school duties, which disability shall be cer- 
tified to by some regular j practicing physician. 

Sub-Section 2. x\ny parent, guardian or other persons 
having the control of children and who shall fail or refuse 
to send such children to school as required by this act, after 
the clerk of the school district or the clerk of any town or 
city school board shall have given public notice containing 
the substance of this act, written or printed in both English 
and Spanish, by posting same in some conspicuous place at 
three separate points within the district, or publishing the same- 
in some newspaper within the district, shall be punished 
upon conviction thereof by a fine of not less than $5 nor 
more than $25, or by imprisonment for not more than ten 
days in any county jail: Provided, That if such parent or 
guardian is not able, by reason of poverty, to buy books for 
any such child, it shall be the duty of any school board of 



76 COMPILATION OF THE SCHOOL LAWS 

any town, district or city, upon the facts being shown to the 
satisfaction of a majority thereof, to purchase, through the 
County Superintendent, or through the district, town or city 
superintendent, if there be one, the necessary books for the 
use of said child or children, which books shall be loaned 
to said indigent pupil during the school term, yet shall re- 
main the property of the district under the care and custody 
of the district clerk : Provided, further, That a sum not ex- 
ceeding $50 may be expended in any district in any one year 
for supplying indigent children with such necessary books to 
be paid for out of the school fund of such district, by warrants 
drawn as in other cases: And provided also. That there is no 
school taught within two miles of the place of residence of 
said child by the nearest established road. 

Sub-Section 3. County superintendents are hereby vest- 
ed with general supervisory powers in this matter and shall 
require directors to comply with the provisions of the pre- 
ceding section; and it shall be the duty of the presiding judge 
of the district court to give, at each session of the court, 
the substance of this law as a special charge to their respec- 
tive grand juries, and it is made the duty of the district at- 
torneys to give particular heed to the prosecution of causes 
growing out of violations of this act ; and all fines so col- 
lected for the violation of this act shall be paid into the 
county treasury and placed to the credit of the school dis- 
trict in which the offense occurs. 

Sec. 1556. — Actual Residents Permitted to Attend School Regardless 
of Race or Nationality. 

(/Vs amended by Chapter 78, Laws 1901.) That pupils 
v^ho are actual residents of a district shall be permitted to at- 
tend school in the same, regardless of the time when they 
acquire such residence, whether before or after the enumera- 
tion. That any teacher, school directors, or members of any 
board of education connected with the common schools in 
this territory who shall refuse to receive any pupil at school 
on account of race or nationality^^ the' said pupil being entitled 
to attend school in said district as hereinljefore provided, 
shall be guilty of a misdemeanor, and upon conviction before 
any justice of the peace or district court, shall be fined in a 
sum of not less than fifty dollars nor more than one hundred, 
and imprisoned in the county jail for three months, and shall 



OF THE TERRITORY OF NEW MEXICO. 



be forever barred from teaching school or to hold any office 
of honor or profit in this territory. 

Sub-Section i. That the superintendent of the county 
is by this act required to summarily remove from office or 
employment an}^ person violating the provisions of the pre- 
ceding section, and upon failure to do so he shall be removed 
from office by the superintendent of public instruction, who 
is hereby authorized and empowered to fill said vacancy. 

Sec. 1557. — Definition of Scliool Day and Montii. 

That the school month shall consist of four weeks, of 
five days each, and a school day shall consist of six hours. 

Sec, 1558. — School Fund From Levy, Paid to County Treasurers. 

That the school fund derived from the general levy of 
three mills on the dollar of taxable property shall be paid 
directly by the several collectors to the treasurers of their 
respective counties to the credit of the county school r.mds, 
and shall be apportioned as now provided by law, together 
with all county school fund, by the county superintendent 
of schools on the first Mondays in January, April, July and 
October. 

Sec. 1559. — Expenses of Territorial Board of Education, How Audited 

And Paid. 

The actual necessary expenses of the members of the 
board of education, incurred in attending the me'^taigs there- 
of, shall be audited by the auditor of the territory, and paid 
out of any school funds in the territorial treasury. 

Sec. 1560. — ;Property Exempt From School Taxes. 

That the following classes of property sliall be exempt 
from taxation for school purposes: Propertv of the United 
States, of this territory, of counties, cities, towns and other 
municipal corporations, when devoted entirely to ]}ubHc use, 
and not held for pecuniary profit; all public libraries; the 
grounds, buildings, books, papers and apparatus of literary, 
scientific, benevolent, agricultural and religious institutions, 
and societies devoted exclusively to the appropriate object of 
those institutions, and not leased or otherwise used with a 
view to pecuniary profit ; and cemeteries not held for pecuniary 
profit : Provided, That mines and mining claims shall pay a 



78 COMPILATION OF THE SCHOOL LAWS 



tax upon the net product and upon the surface improvements 
only. 

Sec. 1561. — Municipalities Governed by Provisions of This Act. 

All cities and towns now organized by viitue of the 
authority of former acts, and all cities and towns hereafter 
organized under any law of this territory, shall be governed 
by the provisions of this act. 

Sec. 1562. — Schools in Municipalities Free; Exceptions. 

■ In each city or town governed by this act there shall be 
established and maintained a system of free common schools, 
which shall be kept open no less than three nor more than 
ten months in any one year, and shall be free to all children 
residing in such city or town, between the ages of five and 
twenty years. But the board of education may, when school 
room accommodations are insufficient, exclude for the time 
being children between the ages of five and seven years. 

Sec. 1563. — When Adjacent Territory May be Attached to Municipality, 
For School Purposes. 

Territory outside the city limits, but adjacent thereto, 
may be attached to such city or town for school purposes, 
upon application to the board of education of such city or town 
by a majority of the electors of such adjacent territory, and 
upon such application being made to the board of education 
they shall, if they deem it proper and to the best interests 
of the school of said city or town and the territory seeking 
to be attached, issue an order attaching such territory to such 
city or town for school purposes and to enter the same upon 
their journal, and such territory shall, from the date of such 
order, be and compose a part of such city or town for school 
purposes only,' and the taxable property of such adjacent 
territory shall be subject to taxation, and shall bear its full 
proportion of all expenses incurred in the erection of school 
buildings and in maintaining the schools of such city or town. 
Whenever the territory so attached shall have attained a pop- 
ulation equal to that of any ward of such city or town, or 
whenever the taxable property of such attached territory shall 
equal that of any one ward of such city or town, such at- 
tached territory shall be entitled to elect two members of the 
board of education, who shall be elected at the same tzme 



OF THE TERRITORY OF NEW MEXICO. . 79 



that other members of the board are elected, by the qualified 
electors of such territory, at an election to be held at such 
place as the board of education may designate. 

Sec. 1564. — School Boards to be Bodies Corporate. 

The public schools of each city organized in pursuance 
of this act shall be a body corporate, and shall possess the 
usual powers of a corporation for public purposes, by the name 
and style of the Board of Education of the City (or Town) 

of , of the Territory of New Mexico, and in that name 

may sue or be sued, and be capable of contracting and being 
contracted with, of holding and conveying such real and per- 
sonal estate as it may come into possession of by will or 
otherwise, or as is authorized to be purchased by the pro- 
visions of this act. 

Sec. 1565. — School Property to be Conveyed to Local Board of Educa- 
tion. 

Any city or town is hereby authorized and required, 
upon request of the board of education of such city or town, 
to convey to said board of education all property within the 
limits of any such city or town heretofore purchased by any 
such city or town for school purposes and now held and used 
for such purpose, the title to which is vested in any such city 
or town. 

Sec. 1566. — How Deed Shall be Executed. 

All conveyances for the property mentioned in the pre- 
ceding section shall be signed by the mayor and attested by 
the clerk of said city or town, and shall have the seal of the 
city or town affixed thereto, and be acknowledged by the 
mayor of such city or town, in the same manner as other con- 
veyances of real estate. 

-Sec. 1567. — Boards; How Elected. Incorporated Towns Not Sub- 
divided Into Wards, to Elect Boards of Education. 

At each annual city or town election, there shall be a 
board of education, consisting of two members from each 
ward, elected by the qualified voters thereof, one of whom shall 
be elected annually, and shall hold his office for a term of 
two years, and until his successor is elected and qualified: 
Provided, That no member of the board of education shall be 



80 COMPILATION OF THE SCHOOL LAWS 

d member of the council or town trustees, nor shall any mem- 
ber of the council or town trustees be a member of the board 
of education. That all incorporated towns in the territory 
not laid off in wards shall at the next municipal election elect 
a board of education, consisting of three members, one of 
whom shall serve for the term of three years, one for the 
term of two years, and one for the term of one year, and 
thereafter at each annual election there shall be elected one 
member of the board, who shall serve for the term of three 
years. Each member of the board of education shall be a 
qualified voter of the Territory of New Mexico, and shall 
have resided in the district at least two years next preceding 
the election, and shall be a taxpayer. 

Sec. 1568. — Vacancies; How Filled. 

The board of education shall have power to fill any va- 
cancy which may occur in their body : Provided, That any 
vacancy occurring more than ten days previous to the annual 
election and having an unexpired term of one 3^ear, shall be 
filled at the first annual election thereafter, and the ballots 
and returns of elections shall be designated as follows : To 
fill unexpired term. 

iSec. 1569. — To Elect Officers, and Establish High School, When 

Necessary, 

The board of education shall have power to elect their 
own officers, except the treasurer ; to make their own rules 
and regulations, subject to the provisions of this act; to or- 
ganize and maintain a system of graded schools; to establish 
R high school whenever in their opinion the educational in- 
terests of the city demand the same, and to exercise the sole 
control over the schools and school property of the city or 
town. 

Sec. 1570. — When Officers Shall be Elected. 

The board of education at its regular meeting in May of 
each year, shall organize by the election of a president and 
vice-president from among its own members, each of whom 
shall serve for the term of one year or until their successors 
are elected and qualified; they shall also elect a clerk, who 
shall hold his office during the pleasure of the board, and 
who shall receive such compensation for his services as the 
boa^xl may allow. 



OF THE TERRITORY OF NEW MEXICO. 8i 



Sec. 1571.— Treasurer of Municipalities Ex-Officio Treasurer of Board 

of Education. 

The treasurer of the city or town shall be ex-officio 
treasurer of the board of education, and shall give such bond 
to the board of education as the board may require, said bond 
to be approved by the board of education and filed with its 
clerk. It shall be the duty of the treasurer to deposit daily 
all money belonging to the board of education, in some re- 
sponsible bank, to be designated by the board of education, 
in the name of such treasurer as such officer, which bank 
shall pay interest on monthly average balances as may be 
agreed upon by such bank and the board of education, and be- 
fore making such deposit the board of education shall take 
from such bank a good and sufficient bond in a sum to be 
designated by the board of education, conditioned that such 
deposit shall be paid on the check or draft of said treasurer. 
The treasurer shall attend all the meetings of the board, when 
required to do so; shall prepare and submit in writing a 
monthly report of the finances of said board, and shall pay 
school moneys only upon a warrant signed by the president, or 
in his absence, by the vice-president, and countersigned by 
the clerk. The^ treasurer shall receive from the board of edu- 
cation fifty dollars per annum for his services as treasurer, 
and no more. 

Sec^ 1572. — No Member of Board of Education to Receive Pay. 

No member of the board of education shall receive any 
pay or emolument for his services. 

Sec. 1573. — Duties of President of Board of Education. 

It shall be the duty of the president to preside at all meet- 
ings of the board of education, to appoint all committees,, 
whose appointment is not otherwise provided for, and tO' 
sign all warrants ordered by the board of education to be 
drawn upon the treasurer for school moneys. 

Sec. 1574. — Duties of Vice-President of Board of Education. 

It shall be the duty of the vice-president to perform 
all the duties of the president, in case of his absence or dis- 
ability. 



83 COMPILATION OF THE SCHOOL LAWS 

Sec. 1575. — Duties of Clerk of Board of Education. 

It shall be the duty of the clerk to be present at all meet- 
ings of the board, to keep an accurate journal of its proceed- 
ings, to take charge of its books and documents, to counter- 
sign all warrants for school moneys drawn upon the treasurer 
by order of the board of education, and to perform such 
other duties as the board of education or its committees may 
require. 

Sec. 1576. — Clerk Shall Give Bond. 

Before entering upon the discharge of his duties, the 
clerk of the board of eclucation shall give bond in the sum of 
one thousand dollars, with good and sufficient sureties, to 
be approved by the board, conditioned for the faithful per- 
formance of the duties of his office. 

Sec. 1577. — When and How Additional Tax May be Levied. 

The board of education shall, on or before the first day 
of August of each year, levy a tax for the support of the 
schools of the city or town for the fiscal year next ensuing, 
not exceeding in, any one year five mills on the dollar, on all 
personal, mixed and real property within the district which 
is taxable according to the laws of the Territory of New 
Mexico for school purposes, which levy shall be approved 
by the city council or town trustees, and when so approved 
the clerk of the board shall certify to it to the county clerk, 
who is hereby authorized and recjuired to place the same on 
the tax roll of said county, to be collected by the collector of 
the county as are other taxes, and paid over by him to the 
treasurer of the boarcV of education of whom he shall take 
a receipt in duplicate, one of which he shall file in his office, 
and the other he shall forthwith transmit to the clerk of the 
board of education. This section shall not be construed to 
change, alter, modify or amend section one thousand five 
hundred and fifty-eight or any part of the act of which it 
is an amendment, with reference to the amount to be raised 
by taxation for school purposes; but the provisions of this 
section with reference to taxation for schools under this sec- 
tion, and said law shall be held and taken to be in addition 
to the provisions of the act above referred to in this section. 



OF THE TERRITORY OF NEW MEXICO. 



Sec. 1578. — Property Subject to Taxation. 

The taxable property of the whole city or town, includ- 
ing- the territory attached for school purposes, shall be sub- 
ject to taxation. All taxes collected for the benefit of the 
schools shall be paid in money, and shall be placed in the 
hands of the treasurer, subject to the order of the board of 
education. 

Sec. 1579. — Regular and Special IVleetings of Board of Education. 

The regular meetings of the Board of Education shall 
be upon the first Monday of each month, but special meetings 
may be held from time to time, as circumstances may de- 
mand. 

Sec. 1580. — Reports of Board of Education, Printing and Distribution 

of. 

The board of education, at the close of each school year, 
or as soon thereafter as practicable, shall make an annual re- 
port of the progress, prosperity and condition, financial as 
well as educational, of all the schools under their charge; and 
said report, or such portion of it as the board of education 
shall consider of advantage to the public, shall be printed, 
either in a public newspaper or in pamphlet form, and a copy 
furnished the county and the territorial superintendent. 

Sec. 1581. — Expenditures; Limitation. 

No expenditure involving an amount greater than two 
hundred dollars shall be made, except in accordance with the 
provisions of a written contract, and no contract involving 
an expenditure of more than five hundred dollars, for the 
purpose of erecting any public buildings or making any im- 
provements, shall be made except upon sealed proposals, and 
to the lowest responsible bidder. 

Sec. 1582. — Sectarian Doctrines Not to be Tauglit. 

No sectarian doctrine shall be taught or inculcated in 
any of the public schools of the city or town. 

Sec. 1583. — Sciiooi Property Exempt From Taxation. 

All property held by the board of education for the use 
of public schools shall be exempt from taxation, and shall not 
be taken in any manner for any debt due from the city. 



84 COMPILATION OF THE SCHOOL LAWS 

Sec. 1584. — Election May be Ordered For Issuing Bonds. Terms of 

Bonds. 

Any city or incorporated town in this territory which 
shall, by the action of its common council, trustees or school 
directors, have purchased any ground and building or build- 
ings, or may hereafter purchase any ground and building or 
buildings, or has commenced or may hereafter contmence the 
erection of any building or buildings for school purposes, or 
which shall have by its school directors, common council or 
trustees, contracted any debts for the erection of such building 
or buildings, or the purchase of such ground and building or 
buildings, or such school directors, trustees or common council 
shall not have the necessary means with which to complete 
such building or buildings, or to pay for the purchase of such 
ground and building or buildings, or pay such debt, may on 
filing by the school directors, trustees or common council of 
said city or town of a report under oath with the board of 
education of such city or town, showing the estimated or 
actual cost of any such ground and building or buildings, 
or the amount required to complete such building or build- 
ings, or purchase such g' 3und and building or buildings, 
or the amount of such debt, it shall be lawful for the board of 
education to order an election for the issuing of bonds of 
said school district in said city or town, to an amount to 
liquidate such proposed indebtedness. And the said boards of 
education are hereby authorized and empowered to issue such 
bonds in conformity with the requirements, and in like man- 
ner that school bonds are issued. And said boards of educa- 
tion are authorized and empowered to issue bonds to raise 
funds for the purchase of school site or sites, or to erect a 
suitable building or buildings thereon, or to fund any bonded 
indebtedness for school purposes of such city or town : Pro- 
vided, That nc bonds shall be issued until the question shall 
be submitted to the people and a majority of the qualified 
electors who shall vote on the question, at an election called 
for that purpose, shall have declared by their votes in favor 
of issuing such bonds. The rate of interest on such bonds 
shall not exceed six per cent, per annum, payable annually or 
semi-annually, at such place as may be mentioned upon the 



OF THE TERRITORY OF NEW MEXICO. 85 

face of said bonds, which bonds shall be payable in no less 
than twenty, nor more than thirty years from their date, and 
the board of education is hereby authorized and empowered 
to sell such bonds at no less than par. 

Sec. 1585. — Elections to Vote Bonds. How Canceled. Returns. 

It shall be the duty of the mayor of each city or town 
governed by this act upon the request of the board of educa- 
tion, forthwith to call an election, to be conducted in all re- 
spects as are the elections for city or town officers in the 
same cities or towns, except that the returns shall be made 
to the board of education for the purpose of taking the sense 
of such district upon the question of issuing such bonds, nam- 
ing in the proclamation of such election the amount of bonds 
asked for, and the purpose for which they are to be issued. 

Sec. 1586. — Bonds; by Whom Executed, and What They Shall Specify. 

The bonds, the issuance of which is provided for in the 
foregoing section, shall be signed by the president, attested 
by the clerk, and countersigned by the treasurer of the board 
of education ; and said bonds shall specify the rate of inter- 
est and the time when principal and interest shall be paid, 
and each bond so issued shall be for a sum of not less than 
fifty dollars. 

Sec. 1587. — Tax Levy For Interest and Sinking Fund. 

The board of education at the time of its annual levy of 
taxes for the support of schools, as hereinbefore provided, shall 
also levy a sufficient amount to pay the interest as the same 
accrues on all bonds issued under the provisions of this act, 
and also to create a sinking fund for the redemption of said 
bonds, which it shall levy and collect, in addition to the rate 
per cent, authorized by the provisions aforesaid for school 
purposes ; and said amount of funds, when paid into the treas- 
ury, shall be and remain a specific fund for said purpose only, 
and shall not be appropriated in any other way except as 
hereinafter provided : Provided, There shall be no levy for 
sinking fund until ten years after the issue of such bonds, if 
they be for twenty years; and twenty years after the issue if 
they be for thirty years and the levy in any one year shall 
not exceed five mills on the dollar for such sinking fund, and 
the total levy in any one year shall not exceed ten mills on the 



86 COMPILATION OF THE SCHOOL LAWS 

dollar for all purposes : Provided, further, That the levy for 
interest on such bonds as may be issued by such city or town 
shall not exceed in any one year an amount required to pay 
the annual interest. 

Sec. 1588.' — Coupons to be Promptly Paid, and How Canceled. 

Whenever the interest coupons of the bonds hereinbe- 
fore authorized shall become due, they shall be promptly paid, 
on presentation, by the treasurer, out of any money in his 
hands collected for that purpose, and he shall endorse upon 
the face of such coupons in red ink the word, Paid, and the 
date of payment, and sign the initials of his name. 

Sec. 1589. — School Funds and Property Pledged in Payment of Interest. 

The school fund and property of such city or town and 
territory attached for school purposes, is hereby pledged to 
the payment of the interest and principal of the bonds men- 
tioned in this act, as the same may become due. 

Sec. 1590. — Duty of Clerk to Register Bonds. 

It shall be the duty of the clerk of the board of education 
to register, in a book provided for that purpose, the bonds 
issued under this act, and all warrants issued by the board, 
which said register shall show the number, date, and amount 
of said bonds, and to whom made payable. 

Sec. 1591. — ^Official Oaths and Filing of. 

Each member of the board of education and officer pro- 
vided for in this act shall take and subscribe an oath or af- 
firmation to support the Constitution of the United States 
and the laws of New Mexico, and faithfully perform the 
duties of his office. The oath and bond of the clerk shall 
be filed with the treasurer, and all other oaths and bonds shall 
be filed with the clerk. 

Sec. 1592. — Previous Transfers Legalized. 

That all transfers of school district property heretofore 
made in any school district in this territory are hereby de- 
clared valid and legal, and hereafter school district property 
shall not be transferred by school boards, except upon the pe- 
tition of a majority of the qualified electors of any school 
district desiring such transfer. 



OF THE TERRITORY OF NEW MEXICO. 87 



Sec, 1593. — Board of Education to Adopt Text Books. 

The board of education of the territory of New Mexico 
shall have, and is hereby vested with full power to adopt a 
system, of school books for the use of the public schools of 
this territory, and only the school books so adopted by the said 
board shall be used in any and all of the public schools of 
this territory. The board of education shall have power to 
contract with the publisher or publishers of text books adopt- 
ed for use in the public schools in New Mexico, in the name 
of the territory and through the superintendent of public 
instruction for the purchase and delivery of said books under 
such regulations as the board may adopt. 

Sec. 1594. — Books to be Sold to Counties at Actual Cost. 

The books purchased in the name of the territory shall 
be sold to the several counties for cash only, at cost, and 
freight added, and additional five per centum of amount of 
cost and freight, to cover necessary expenses. On the tenth 
of each month accounts of books purchased and sold shall 
be settled by the superintendent of public instruction; the 
text books shall be supplied by the publisher or publishers in 
quantities on the order of the superintendent of public educa- 
tion of the territory, and on the first day of March and 
September of each year a full settlement shall be had be- 
tween the territory and the contractors and a full report 
thereof shall be submitted to the board of education, of all 
matters connected with the purchase of text books by the 
superintendent of education. 

Sec. 1595. — Text Books Changed Only Every Four Years. 

Text books once adopted shall not be changed for four 
years, and the first contract for same shall be entered into 
between the publishers and the territory on the first day of 
September, 1891, or as soon thereafter as possible. 

Sec. 1596. — Board of Education Vested With Exclusive Power With 
Respect to Text Books; Teacher Violating; Penalty. 

The board of education of the territory of New Mexico 
is hereby vested with exclusive power in the matter of pre- 
scribing the text books necessary and to be used in the public 



88 COMPILATION OF THE SCHOOL LAWS 

schools of this territory, and any school teacher, school direct- 
or or county school superintendent violating the regulations 
and rules of the board of education shall be deemed guilty of 
a misdemeanor and shall be fined for each and every offense, 
and upon conviction in a court of competent jurisdiction, in 
a sum not less than ten dollars nor more than one hundred 
dollars for each and every offense. 

Sec. 1597. — Legalizing Transfer of School Property. 

That all transfers of school district property heretofore 
made by any school board in any school district in this terri- 
tory are hereby declared valid and legal and all such transfers 
are hereby ratified and confirmed. 

Sec. 1598. — School Districts Only Dividsd Upon Petition. 

That hereafter no school district shall be created or di- 
vided unless it is done by a petition, signed by twenty-five 
heads of families who are the parents of children of school age. 

Sec. 1599. — Required! Number of Children For New School District. 

That no school district shall be hereafter created or 
divided unless there shall be twenty-five children at least of 
school age in the new district, and leave at least fifty children 
of school age in the district or districts from which such new 
district is taken. 

Sec. 1600. — Board of Trustees to Transfer Certain Property to School 

Districts. 

When the corporate authorities of any town, or the pro- 
bate judge of the county, for any county in this territory in 
uhich any town may be situated, shall have entered at the 
proper land office the land or any part of the land settled and 
occupied at the site of such town, pursuant to and by virtue 
of the provisions of the act of Congress, entitled, An Act for 
the Relief of Citizens of Towns Upon Lands of the United 
States Under Certain Circumstances, passed May 23rd, 1844, 
and any amendments that may be made thereto, or where 
such land may be entered by the proper authorities under and 
by virtue of any special act of Congress, and where the cor- 



OF THE TERRITORY OF NEW MEXICO. 84 

porate authorities have failed, or hereafter fail, to comply with 
the provisions of Chapter 3, Title 40, and any blocks, lots, 
shares or parcels of said land remain unsold, the title to said 
unsold blocks, lots, shares or parcels of land shall vest and be 
in the school district in which said land is located, and it shall 
be the duty of the board of trustees of such town to transfer, 
by proper deed of conveyance, said unsold blocks, lots, shares 
or parcels of land to the board of education of such school 
district. 

Sec. 1601. — Unsold Parcels of Land to be Deeded to the Board of 

Education. 

Within thirty (30) days after the passage of this act, 
the board of trustees of any town, located as above and hav- 
ing unsold blocks, lots, shares or parcels of land therein, shall 
deed the same to the board of education of such school dis- 
t-;:ct, in case said unsold blocks, lots, shares, and parcels ot 
land have not been heretofore transferred to the said board 
of education; and any transfer of such unsold blocks, lots, 
shares, or parcels of land heretofore made by the board of 
trustees of any town to the board of education of such school 
district are hereby declared valid and legal, and all such 
transfers are hereby ratified and confirmed. 

Sec. 1602. — Board of Appraisers to be Appointed. 

The board of education or any such school district, after 
such unsold blocks, lots, shares or parcels of land shall be 
conveyed as above provided, shall appoint by order or reso- 
lution a board of appraisers, to consist of three freeholders 
of any school district, who shall have no interest in said 
unsold blocks, lots, shares or parcels of land or the improve- 
ments thereon. Each of said appraisers shall take an oath 
to faithfully discharge his duties as such appraiser and shall 
file such oath in the office of the clerk of said board of edu- 
cation, before commencing his duties as such appraiser. In 
case such appraiser should fail or neglect to make the ap- 
praisement hereinafter specified and file the same with the 
clerk of such board of education within ten days after their 
appointment, then said board may appoint a new board of ap- 
praisers for the purpose herein provided. 

Sec. 1603. — Duty of Appraisers. 

Said appraisers shall appraise all such blocks, lots, shar-.^s. 



90 COMPILATION OF THE SCHOOL LAWS 

and parcels of land thus conveyed to such beard of education, 
at their just and full cash value, and file their written ap- 
praisement as aforesaid. Said appraisement shall contain a 
description of each lot or parcel of land so appraised and a 
statement of the cash value of each lot and parcel of land so 
appraised. Said appraisers shall make a separate statement 
of the value of such lots and parcels of land without improve- 
ments and the aggregate value of both ; there shall be attached 
to such appraisement a written affidavit of the said aopraisers, 
verifying each statement of such appraisement and alleging 
that each of said lots or parcels of land is appraised at its 
just and full value. 

Sec. 1604. — Lots May be Sold at Not Less Than Appraised Value. 

Any or all of said lots may be sold at any time by such 
board of education either at public vendue to the highest bid- 
der for cash, or at private sale for cash, in the discretion of 
the board of educaticn : Provided ,That no block, lot, share or 
parcel of land shall be sold for less than the appraised value 
thereof. 

Sec. 1605. — Procedure in Respect to Sale of Lots. 

When any said blocks, lots, shares, or parcels of land 
are to be sold at public vendue, the president of the board of 
education shall give notice, signed in his official capacity, of 
the time and place of sale of blocks, lots, shares or parcels of 
land to be sold, by advertisement, published in the county 
where such school district is situated, or if no newspaper is 
published in said county, then in the newspaper published 
nearest said school district. Such public sale shall be adver- 
tised to be made at some public place in said town, and to be 
sold at some specified time between the hours of sunrise and 
sun'set. 

Sec. 1606. — How Offered For Sale. 

Such lots or parcels of land shall be offered for sale 
singly, unless a greater price can be obtained by selling several 
lots or parcels of land together, in which case several lots or 
parcels of land can be sold together. Such public sale may be 
continued, if necessary, from day to day, for a period not to 
exceed three days at any one sale. 



OF THE TERRITORY OF NEW MEXICO. ':H 

Sec. 1607.^New Appraisements. 

A new appraisement of lots or parcels of land to be sold 
shall be made in case no appraisement thereof has been made 
for three months next preceding the date of snch sale. Said 
new appraisement shall be made, either by the old board of 
appraisers, or a new board of appraisers, to be appointed in 
the same manner and with the same qualifications as the first 
board of appraisers. New boards of appraisers may be ap- 
pointed whenever necessary to have any of said blocks, lots, 
shares or parcels of land appraised for sale. 

Sec. 1608. — Money; How Applied. 

The moneys arising from the sale- of said blocks, lots, 
shares and parcels of land, after defraying the expense of such 
sales, shall be paid into the treasury of such school district and 
applied to the support and maintenance of free, non-sectarian 
public schools, within the limits of any such school district, 
or used and expended by said school district in the erection of 
school buildings for the use of the public schools of said dis- 
trict and for furnishing such buildings, and for no other pur- 
pose. 

Sec. 1609. — Persons Having Improved, IViay Purchase. 

In all cases when prior to the taking effect of this act any 
person may have entered thereon and improved any lots be- 
longing to such school district, such person, after the report 
of such board of appraisers, may purchase any of such lots 
from the said board of education for cash at the appraised 
value of said lots, exclusive of improvements. 

Sec. 1610. — Purcliaser Shall Pay Certain Expenses. 

All persons purchasing any lots or parcels of land as 
above provided shall pay for the drawing, execution and 
acknowledgment of the deed of conveyance, together with 
fifty cents to the clerk of such board of education, for attes- 
tation with seal of said board of education, by the clerk of 
said beard. 

Sec. 1611. — Deeds, How Executed. 

All conveyances of lots or parcels of land mentioned in 
this act shall be signed by the president of the board of educa- 
ticnand attested by the clerk of said board, and shall have the 



92 COMPILATION OF THE SCHOOL LAWS 



seal of said board of education affixed thereto, and be acknowl- 
edged by the president of the board of education in the same 
manner as other conveyances of real estate. 

COUNTY NORMAL SCHOOLS. 

Sec. 1612. — County Superintendents to Hold Normal Institutes. 

The county superintendents of public schools shall hold 
annually in their respective counties, for a term of not less 
than two weeks, a normal institute for the instruction of teach- 
ers and those desiring to teach. The county superintendent 
of public schools, with the advice and consent of the territorial 
superintendent of public instruction, shall determine the time 
and place of holding such normal institutes and shall select a 
conductor and instructor for the same : Provided, No per- 
son shall be selected as conductor or instructor who is not a 
graduate of some state or territorial normal school, or other 
state or territorial educational institution. 

Sec. 1613. — Expenses; How Paid. 

(As amended by Section 4, Chapter 2"/, Laws 1901.) 
It shall be compulsory upon all persons who expect to teach 
in any school district, independent district or incorporated 
town, to attend the county institute or to show a certificate of 
attendance upon some county institute or approved summer 
school held within the year. County superintendents are here- 
by forbidden to issue a certificate to. or to honor the certifi- 
cates of, any person who refuses to comply with the pro- 
visions of this act ; but any person who fails to so attend by 
reason of sickness or other good and sufficient excuse, ren- 
dered to the county superintendent and approved by him and 
also by the Territorial Board of Education may be excused by 
the county superintendent from such attendance. Teachers in 
city schools who possess a certificate of attendance upon a city 
institute held by order of the board of education in the district 
ii? which they are to teach, shall be excused from attendance 
upon the county institute. Note — Fees shall not be less than 
one nor more than three dollars. Section 5, Chapter 119, 
Laws 1903. 

Sec. 1614. — Name of Fund. 

The fund thus created shall be designated the Normal 
Institute Fund, and the county treasurer shall be the cus- 
todian of the said fund. 



OF THE TERRITORY OF NEW MEXICO. 93 



Sec. 1615. — All Money to be Transmitted to the County Treasurer. 

The county superintendent shall, at the close of each in- 
stitute, transmit to the county treasurer all moneys received 
by him as provided for in section one thousand six hundred 
and thirteen, together with the name of the person contributing 
said amount, and the county treasurer shall place all such mon- 
eys to the credit of the normal institute fund. 

Sec. 1616. — Disbursements of Normal Institute Funds. 

All disbursements of the normal institute fund shall be 
open to order of the county superintendent ; and no order shall 
be drawn en said fund except for claims approved by the 
county superintendent for services rendered in connection 
with normal institutes, orphans' home and industrial school. 

Sec. 1617. — How Constituted; Legal Designation. 

From and after the passage of this act the Asylum of the 
Sisters of Charity of Santa Fe shall be constituted an orphans' 
home and industrial school for the care, support and education 
of the orphan and indigent children of the Territory of New 
Mexico, and to be known and legally designated as the Or- 
phans' Home and Industrial School of the Territory of New 
Mexico. 

Sec. 1618. — Board of Supervisors; How Constituted. Duties. 

The governor of the Territory of New Mexico, his grace, 
the Most Reverend Archbishop of Santa Fe, and tlcn. .v'an- 
ano S. Otero, of Bernalillo, are hereby declared a board of 
supervisors for the said Orphans' Home and Industrial School, 
and qualified to act as such by virtue of this act, and who 
shall serve as such board of supervisors for the term of two 
years, and until their successors shall be appointed by the 
legislature ; but in case of a change meanwhile in the office 
of governor, the governor succeeding shall immediately be- 
come a member of such board, and in case of the death, re- 
signation, absence, removal or inability to act of any one 
member of said board, the remaining two shall constitute a 
full board until the appointment of a new member or the 
re-appearance and re-qualification of the third member, as the 
case may be. It shall be the duty of said board of supervisors 
to receive and approve all applications for admission to said 
Orphans' Home and Industrial School, to pass upon, examine 



94 COMPILATION OF THE SCHOOL LAWS 

and audit all accounts for the proper carrying on of said in- 
stitution, and issue vouchers therefor, to visit the said institu- 
tion from time to time, and faithfully look after the moral and 
mtellectual progress of its inmates. 

Sec. 1619. — Control; How Provided For. 

The said Orphans' Home and Industrial School shall be 
under the care, charge, control, and custody of the Sisters -/i 
Charity of Santa Fe, subject to the general supervision of the 
board of supervisors hereby created, and to all orders issued 
by said board. 

Sec. 1620. — Children; How Provided For. 

The said Sisters of Charit5^ under whose care, custody 
and control said orphan and indigent children of the terri- 
tory are hereby placed, are to board, clothe and instruct said 
children in the common school branches, and shall receive as 
compensation therefor the sum of ten dollars per month for 
each of said children so boarded, clothed, instructed and cared 
for. 

Sec. 1621. — Expenses; How Paid. 

The costs, charges and expenses which shall be incurred 
by the said board of supervisors hereby created, fi'om time 
to time, shall be met and defrayed out of the territorial treas- 
ury upon the written order of the said board, signed by a ma- 
jority of its members. 

Sec. 1622. — Orphan Children to be Placed in Families. Expenditures 

Limited; Proviso. 

It shall be the duty of the probate judges in the several 
counties to place all orphan and indigent children with some 
good and responsible person, who will agree to care for, edu- 
cate and teach them to work for a certain number of years, 
to be agreed upon, and it shall also be the duty of said Sisters 
of Charity to use their best endeavors in like manner to place 
such children in families for the same purpose : Provided, 
Iwwcver, That no more than five thousand dollars shall be 
expended in any one year of twelve months for the purposes 
of this act : Provided, Ten children may be keot at Bernalillo, 
but under the direction of the Sisters at Santa Fe. 

Sec. 1623. — Obsolete apd Omitted. 



OF THE TERRITORY OF NEW MEXICO. 95 

DIPLOMAS AND DEGREES. 
Sec. 1624. — Diplomas; Power to Grant. 

All colleges, universities, and institutions of learning now 
organized, or that may be hereafter organized, under the pro- 
visions of the incorporation laws of the Territory of New 
Mexico, be, and they are hereby, authorized and empowered to 
grant diplomas, confer degrees and all other literary honors 
usually conferred by such institutions. 

Sec. 1625. — Diplomas of St. Michael's College to be Considered as 
First-Class Teachers' Certificates. 

The facultv of St. Michael's College, situated in the city 
of Santa Fe, is hereby authorized to issue teachers' diplomas to 
all graduates of said college who may apply for the same. The 
diplomas so issued to said graduates shall be and the same are 
hereby, considered as first-class teachers' certificates in any 
and all counties in the Territory of New Mexico, to the same 
extent as the diplomas or teachers' certificates issued by the 
faculties of the Territorial University at Albuquerque, the 
Territorial School of Mines, at Socorro, and the Territorial 
Agricultural College, at Las Cruces. 

ARBOR DAY. 

Sec. 1625a. — Second Friday of March in Each Year Set Apart as Arbor 

Day. Day Designated to be Holiday in all Public Schools. 

Governor to Issue Proclamation. 

The second Friday in March of each year shall be set 
apart and known as Arbor Day, to be observed by the people of 
this territory in the planting of forest trees for the benefit and 
adornment of public and private grounds, places and ways, 
and in such other efforts and undertakings as shall be in har- 
mony with the general character of the day so established: 
Provided, That the actual planting of trees may be done on 
the day designated or at such other most convenient times as 
■may best conform to local climatic conditions, such other 
time to be designated and due notice thereof given by the 
several county superintendents of schools for their respective 
counties. 

The day as above designated shall be a holiday in all pub- 
lic schools of the territory, and school officers and teach- 



% COMPILATION OP THE SCHOOL LAWS 

ers are required to have the schools under their respective 
charge observe the day by planting of trees or other appro- 
priate exercises. 

Annually, at the proper season, the governor shall issue 
a proclamation, calling the attention of the people to the 
provisions of this act, and recommending and enjoining its 
due observance. The respective county superintendents of 
schools shall also promote by all proper means the observ- 
ance of the day, and the said county superintendents of schools 
shall make annual reports to the governor of the territory 
of the action taken in this behalf in their respective counties. 

ELECTIONS. 

Sec. 1698. — First Tuesday After First IVlonday in November of Even 
Years to be Day for Election of Territorial Delegate, Mem- 
bers of Legislature and County Officers. 

The Tuesday next after the first Monday in Novem- 
ber, in the year 1876, is established as the day in this terri- 
tory for the election of a delegate to the forty-fifth congress, 
all the county officers required by law to be elected in this 
territory, and for members of the legislative assembly of this 
territory. And the Tuesday next after the first Monday in 
November in every second year thereafter, is established as 
rhe day for the election in this territory of a delegate to the 
congress commencing on the fourth day of March next there- 
after, and all count}^ officers required by law to be elected 
in this territory, and for the election of the members of the 
legislative assembly of this territory, commencing next after 
said last mentioned Tuesday. 

Sec. 1699. — Terms of County Officers to Begin First Day of January 
After Election and Qualification. 

Hereafter the terms of office of all county officers, who 
may be elected according to the provisions of the preceding 
section, shall commence on the first day of January, next 
after their election, or as soon thereafter as they may have 
duly qualified; and the terms of all such county officers, 
whether now in office or hereafter elected, shall expire on the 
first day of January, next after said election, or as soon 
thereafter as their successors may have duly qualified. 



OF THE TERRITORY OF NEW MEXICO. ^ 97 

(For contests of county officers, see Sections 1726- 

(See Sections i/ 56-1757). 

FIREMEN. 

(Active members of fire companies entitled to certain 
exemptions ) . 

Sec. 1763. — Persons Serving Five Years as Firemen in Territory En- 
titled to Certificate of Exemption From Certain Taxes 
and Military Duties. 

Any person who has served five years as a fireman in this 
territory as aforesaid, and who shall present to the clerk of 
the county in which he resides, the certificate or certificates 
of the president, foreman or captain of the company or com- 
panies to which he may have belonged, countersigned by the 
secretary of the same, shall have the said certificate or certi- 
ficates recorded by said count}^ clerk in a book which he shall 
keep for that purpose, and it shall be the duty of said probate 
or county clerk to return said certificate or certificates, to- 
gether with his own under seal, to the person entitled there- 
to, setting forth the name of the company or companies of 
which said person was a member and the length of time he 
had served as such, for which the said clerk shall be entitled to 
a fee of one dollar, to be paid by the person obtaining the 
certificate. Such certificate shall be received in all courts and 
places as prima facie evidence that said person is entitled to 
the exemption herein provided. 

Sec. 1764. — Fire company Officials Illegally Issuing Such Certificates 

Liable to Fine of $50 to $500, which Shall go to 

School District Fund. 

If the president, foreman or captain of any such fire 
company, shall knowingly grant or issue any illegal certificate 
under the provisions of this act, he shall be deemed guilty of 
a misdemeanor and subject to a penalty in amount not less than 
fifty, nor more than five hundred dollars for each offense, 
to be collected before any court having competent jurisdic- 
tion, and when collected, to be paid into the treasury of the 
public school district where the offense was committed. 

(See Sections 1765- 1766). 

(See Section 1771). 



98 COMPILATION OF THE SCHOOL LAWS 

Sec. 1825. — Illegal to Open Private Fences for Purpose of Using 
Roads Passing Through Private Property. 

That it shall be illegal for any person or persons in the 
Territory of New Mexico, to open any fence or fences of any 
private individual or individuals, for the purpose of using the 
road, or roads, passing through the private property of any 
person or persons. 

Sec. 1826. — Persons Passing Through Private Property and Failing to 

Close Gate, Liable for Damages Resulting 

to Land and Crops. 

That any person, or persons, who hereafter will open the 
gate of any fence, or fences, of any person or persons, the 
same being private property, for the purpose of passing as 
aforesaid, shall close said gate, and if any person, or persons, 
so passing, shall neglect to close the gate of any fence or 
fences after having opened the same, shall be subject and 
responsible for the damage to the land, crop, or grass of the 
owner, or owners, of such land, through such neglect; and 
such damage shall be appraised as now provided by law. 

Sec. 1827. — Failure to Close Gate Also a Misdemeanor, and Fines 
Collected to go to County School Fund. 

That in addition to the damage provided for m this act, 
such person or persons, violating the privilcgei^ of this act, 
shall be deemed guilty of a misdemeanor and upon conviction 
thereof before any justice of the peace, shall be fined in a sum 
not less than five, nor more than ten dollars, to be collected 
as now provided by law, which fine shall go to the general 
school fund of the county. 

Sec. 1867. — Persons Attempting to Avoid Payment of Tolls on Toll 

Roads, Bridges or Ferries, Liable to Fine, Which Shall 

go to County Public School Fund. 

That any such corporation so constructing, keeping', and 
maintaining any such wagon road, bridge or ferry shall have 
power and authority to charge, receive and collect the rates, 
tolls and charges fixed, as aforesaid, from any person or per- 
sons, companies or corporations so using such road, bridge 
or ferry, and to prohibit any such persons from using the 
same until the rates, tolls and charges are paid or tendered; 
and any such persons using or attempting to use the same 



OF THE TERRITORY OF NEW MEXICO. 99 



until the rates, tolls, and charges are so paid or tendered shall 
be deemed guilty of a misdemeanor, and on conviction thereof 
before any justice of the peace having jurisdiction shall be 
fined in any sum, for each offense, not less than five dollars, 
nor more than ten dollars, said fine to go to the public school 
fund of the county. 

(District judge may issue a commission to inquire into 
the lunacy or habitual drunkenness of territorial residents or 
holders of real estate in the territory.) 

Sec. 1911. — Committee of Habitual Drunkard or Lunatic to Apply 

Estate to Maintenance of Charge and Education 

of Minor Children. 

The ccmmittee of said person found to be a lunatic or 
habitual drunkard, shall have the management and control 
of his person and estate, and shall from time to time apply so 
much thereof as may be necessary for support and main- 
tenance of himself and family, and for the education of his 
minor children. 

(If income insufficient, committee may apply part of 
principal of personal estate under direction of court, or sell 
real estate). 

Sec. 2055a. — Unlawful for Persons to Dispose of Property in Territory 

Without Making Provision for Support and Education 

of Minor Children. 

No person who has been, is now, or may hereafter be a 
citizen of this territory, and who has departed from, or left 
the same, and who shall have acquired, or may acquire, resi- 
dence in any other part, leaving in this territory any legitimate 
children under the age of twenty-one years, shall, either by 
will or otherwise, sell, convey, nor in any manner dispose of 
his or her property, real or personal, in this territory, unless he 
or she shall first have made provision for the support and edu- 
cation of said minor child or children, to the satisfaction of 
the probate judge of the county wherein such child or children 
shall be ; and any will, contract, deed, or other instrument in 
writing whereby it shall be proposed to convey any property 
contrary to the provisions of this act, shall be and is hereby 
declared, absolutely void and of no effect, and the same shall 
not be recorded nor verified in any public record in this terri- 
tory nor in any county thereof. 



100 COMPILATION OF THE SCHOOL LAWS 

, r 

Sec. 2055b. — Probate Judge or Interested Party May Petition District: 
Judge, who May, after Suit, Decree Sale of Property for Support 
and Education of Minop Children, and Appoint a Guardian for 
Them. 

That the probate judge of any county wherein such child, 
or children shall be, or wherein any such property of any such 
person or persons shall be located, or any other interested 
party, may file in the district court of such county a peti- 
tion, addressed to the presiding judge thereof, stating that- 
such child or children of such person or persons is or are 
within the county, and that such person or persons have prop- 
erty in said territory, and that said property and the proceeds 
thereof, or any part thereof, is necessary for the use of said 
child or children for their ow^n support and education; and 
that said property, or so much thereof as may be necessary for 
said purposes, may be sold and applied for said uses, which 
said petition shall be filed in said district court as a bill in- 
equity, and thereupon said suit shall be carried and determined 
as other causes in equity in said court, and if the court shall 
be satisfied that the proceeds of said property, or any part 
thereof, shall be necessary for the support and education of 
said child or children, the court shall decree in said cause, 
directing the sale of said property, or so much thereof as may 
be necessary for the proper sustenance and education of said 
child or children, and shall appoint a proper person to act as 
guardian of said child or children, who shall receive and dis- 
burse the proceeds of any suj:h sale; and said sales shall be 
conducted and be made as other sales under a decree in 
equity in said court. 

Sec. 2178. — Money From Sale or Lease of Common Lands of Com- 
munity Grants to go to Public Schools. 

The money arising from the sale, lease or other disposi- 
tion of the common land of any such corporation (community 
land grant) after defraying the expenses of such corporation, 
may be by the board of trustees of any such corporation ap- 
plied to the support and maintenance of free, non-sectarian 
public schools within the limits of any such land grant or real' 
estate. 



OF THE TERRITORY OF NEW MEXICO. 101 

Sec. 2279. — Superintendents of Territorial Military Schools Having 
Uniformed and Equipped Cadets, to Serve on Governor's Staff. 
Report of Annual Inspection of Sucii Schools to Appear in Report 
of Adjutant General. 

That all military schools within the territory, the cadets 
of which are fully uniformed and ecjuipped, shall be entitled 
to have the superintendent of said school commissioned as 
aide-de-camp on the staff of governor and commander-in- 
chief, with the rank of major, in addition to the number of 
aide-de-camp hereinbefore provided for. The governor and 
commander-in-chief shall cause an annual inspection to be 
made of the discipline, courses of study, and general manage- 
ment of all military schools within the territory, a report of 
which inspection shall appear in the annual report of the 
adjutant general. 

(See sections 2373-2388). 

Sec. 2511. — Proceeds of Rents and Tolls of Water Works in Dis- 
incorporated Municipalities to be Applied in Various Ways, 
Including Support of Schools. 

All moneys which may be received as the proceeds, rents, 
tolls or charges of any water works, water or other property 
of such disincorporated city or town shall be applied : First, 
to pay the employes provided for in the next preceding sec- 
tion and to keep such water works and other property in 
repair ; second, to pay the interest en the funded indebtedness 
of such corporation; third, to create a sinking fund with which 
to purchase, redeem or pay off such funded indebtedness or 
any part thereof, from time to time as such board of county 
commissioners may elect ; fourth, after all such funded indebt- 
edness shall be paid, then to the support of all public non-sec- 
tarian schools within the limits of such city or town as existed 
at the time of such disincorporation, unless otherwise provided 
by law ; such dispositions to be made in the order before stated. 

(See sections 2523-2528). 

(See sections 2611-2616). 

Se^. 2677. — Illegal to Impede Travel on Streets and Alleys by Struc- 
tures, Excavations or Obstructions, Though One-Third of 
Street May be Occupied by Building Material. 

It shall be illegal for any person to impede or obstruct 
the free travel of the streets or alleys of any city or town of 



102 COMPILATION OF THE SCHOOL LAWS 

this territory; and any person or persons who shall obstruct, 
impede or embarrass the free transit of any street or alley 
within any town or city of this territory, either by the con- 
struction of cow or sheep pens, or by excavations or any other 
embarrassment or obstruction, of whatsoever nature it may 
be, shall be liable to a fine in any sum not less than five dollars 
nor more than ten dollars, on conviction thereof before the 
justice of the peace of the respective precinct. Provided, 
I'hat every person actually occupied in the construction or 
buildiing of a house may use for his building materials one- 
third part of the street or alley contiguous thereto. 

Sec. 2678. — Justices of Peace to Cause Streets to be Cleared of Cattle 
and Sheep Pens, Excavations and Impediments. Jus- 
tices Failing to Comply Liable to Fine. 

It shall be the duty of the various justices of the peace 
of the different precincts in this territory, as soon as they 
receive this act, to cause the streets or alleys of the towns or 
cities within their respective precincts to be cleared, and all 
pens, either for cattle or sheep, excavation or any other imped- 
iment to be immediately removed by the person or persons 
m^aintaining the same; and if the person or persons keeping 
such obstructions refuse to remove the same, said justice of 
the peace shall cause said impediment or obstruction to be 
removed at the cost of the person maintaining the same: 
Provided, That if any justice of the peace of any precinct 
of this territory shall fail to comply with the duties on him 
imposed by this act, on conviction tliereof, before the justice 
of the peace of the county in which such refusal was com- 
mitted, he shall be fined in any sum not less than five nor 
more than ten dollars, for each time he may so be convicted. 

Sec. 2679. — Fines Imposed Under This Act to go to County School 

Fund. 

The fines imposed by virtue of the above sections shall 
be paid into the school fund of the county in which the same 
were imposed. 

LICENSES. 

Sec. 4125. — Lio.uor License Taxes to be Collected Annually. Officers 

Delivering License Before Tax is Paid, to Forfeit to 

School Fund Double Amount of License. 

(As amended). Every license herein provided foi, 



OF THE TERRITORY OF NEW MEXICO. 103 

(liquor) shall be issued annually, to be issued and collected 
and the proceeds to be disposed of as provided by law. Any 
officer who shall deliver to the applicant any such license until 
the tax thereon has been paid as herein provided, shall for- 
feit to the said school fund double the amount of said license, 
to be recovered upon the official bond of said officer. 

Sec. 4141. — License Taxes to be Imposed Annually on Certain Busi- 
ness, Half to go to School Fund. 

That a license tax or occupation tax, one-half to be paid 
into general school fund, and one-half to the general current 
expense fund of the respective counties, shall be imposed each 
year upon the hereinafter mentioned business or avocations 
carried on by any person within the Territory of New Mex- 
ico : 

First (As Amended). Specifying Amount of Peddler's License. 

Peddlers traveling on foot, or with one animal shall pay 
two hundred and fifty dollars ; peddlers with two animals or 
more, three hundred dollars : Provided, that each vehicle used 
in such business by the same peddler shall require each a sep- 
arate license, and such license so issued to any peddler shall 
only be good in the county in which the same may be issued. 
All persons Avho may engage in any itinerate trade, by sample 
or other otherwise, selling at retail to individual purchasers 
who are not dealers in the article sold, except in the selling of 
maps, books, newspapers, fuel, fruits, and domestic machin- 
ery, shall be considered peddlers within the meaning of this 
act. 

Second (As Amended. — )Tax for Dealers in Merchandise, Other Than 
Liquors, Whose Sales do Not Exceed $10,000 Annually. 

Dealers in merchandise other than liquors, whose annual 
sales do not exceed three thousand dollars ($3,000.00) shall 
.pay a license tax of five dollars ($5.00) per annum. Dealers 
in merchandise other than liquors, whose annual sales exceed 
three thousand dollars ($3,000.00) and do not exceed ten 
thousand dollars ($10,000.00) shall pay a license tax of ten 
dollars ($10.00) per annum. 

Third. — Tax for Dealers in Merchandise, Other Than Liquors, Whose 
Sales Run From $10,000 to $20,000 Annually. 

Dealers in merchandise, other than liquors, whose annual 



104 COMPILATION OF THE SCHOOL LAWS 



sale exceeds ten thousand dollars, and do not exceed twenty 
thousand dollars, shall pay a license tax of twenty dollars per 
annum. 

Fourth. — Tax for Dealers in Merchandise, Other Than Liquors, Whose 
Sales Run From $20,000 to $50,000 Annually, 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds twenty thousand dollars, and do not exceed fifty 
. thousand dollars, fifty dollars. 

Fifth. — Tax fop Dealers in Merchandise, Other Than Liquors, Whose 
Sales Run From $50,000 to $75,000 Annually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds fifty thousand dollars, but do not exceed seven- 
ty-five thousand dollars, seventy-five dollars. 

Sixth. — Tax for Dealers in Merchandise, Other Than Llciuors, Whose 
Sales Run From $75,000 to $100,000 Annually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds seventy-five thousand dollars, and do not exceed 
one hundred thousand dollars, one hundred dollars. 

Seventh. — Tax for Dealers in Merchandise, Other Than Liquors, 
Whose Sales Exceed $100,000 Annually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds one hundred thousand dollars, one hundred and 
fifty dollars. 

Sec. 4142. — Real Estate and Collection Agents Working on Commis- 
sion to be Taxed $10 Annually. 

All real estate, or collection agents, or those who buy 
and sell real estate on commission, or engaged in the collec- 
tion of rents from real estate on a percentage or commission, 
shall pay the sum or amount of ten dollars per annum. 
Sec. 4143. — Insurance Agents Taxed $10 Annually. 

All insurance agents, or those engaged in the business 
as agents in soliciting or issuing life or fire insurance, shall 
pay the sum of ten dollars per annum. 

Sec. 4144. (As Amended.) — Taxes for Hotel and Restaurant Keepers, 
Owners of Livery Stables and Stage Lines Specified. 

(As amended). Keepers of hotels, inns or restaurants, 
where food or lodging is provided, and whose annual receipts 
exceed one thousand dollars, and do not exceed two thousand 



OF THE TERRITORY OF NEW MEXICO. 105 

dollars shall pay a license tax of twenty dollars per annum; 
those whose annual receipts exceed two thousand dollars, and 
do not exceed five thousand dollars shall pay a license tax of 
forty dollars per annum, and all whose annual receipts exceed 
five thousand dollars, shall pa}^ a license tax of sixty dollars 
per annum. 

All keepers of livery or feed stables and owners of stage 
lines shall pay a license tax of ten dollars per annum. 

The provisions of this section shallnot apply to private 
boarding houses where food or lodging is not furnished to 
travelers or transients. 

Sec. 4145. — Pawnbrokers to be Taxed $250. 

All pawnbrokers, or persons whose business is to trade 
or receive by way of pledge or pawn, any kind of personal 
property as security for the repayment of money loaned, or 
.advanced, shall pay a license tax of two hundred and fifty 
dollars; Provided, That this section shall not apply, nor 
said license tax be required of any person advancing money, 
and taking such security, who shall not be regularly engaged 
in such business of pawnbroker. 

Sec. 4146. — Buildings and Premises for Public Amusements to be 
Taxed, Unless Used in Whole or Part for Educational Purposes, 

All persons who are the owners, or have under their con- 
trol or management any building or premises used as a place 
of public amusement or entertainment and who shall rent or 
hire the same for theaters, public balls and public entertain- 
ments for hire, where such hall or building has a seating capa- 
city of three hundred persons, shall pay a license tax of ten 
dollars per annum, and where such hall or building has a seat- 
ing capacity of more than three hundred persons, shall pay a 
license tax of twenty-five dollars per annum: PROVIDED, 
This shall not apply to any building used in whole or in part 
a^i an educational institution. 

Sec. 4147 (As Amended). — Applicants for License Tax, Other Than 
Liquors or Gaming Tables, to Fill Out Application Under Oath. 
Duties of Assessor and County Clerk, and Penalty for Delivering 
License Before Receiving Collector's Receipt. 

(As amended). Every person, firm or corporation who 
is required to pay an occupation or license tax other than for 



10b COMPILATION OF THE SCHOOL LAWS 

the sale of liquors or for games or gaming taW'^s, shall, before 
doing business, make out an application, under oath, stating 
the names of the applicants, the character of the business for 
which the license is desired, the place where such business is 
to be conducted, the time the license is to run, and, if" the 
amount of the license tax is to be graded by the amount of 
business to be done, or by any other condition relating there- 
to, then such application shall also state the amount of busi- 
ness done the preceding year, or if no business has been trans- 
acted, then the approximate amount of the annual business 
expected to be done by the applicant, or the conditions required 
to be known in order to determine the license tax to be paid. 
The application, when so made out, signed and sworn to 
shall be presented to the assessor of the county in which the 
business is to be done, who shall assess and fix the amount of 
such license tax, and nctify the applicant ci the amount to be 
paid. The api)licant shall then pay the amount of such lic?nse- 
tax to the collector of the county, who shall issue a receipt 
therefor and deliver the same to the assessor. Upon receiv- 
ing such receipt, the assessor shall enter a description of such 
application in the list required by section 4155 as amended in 
section 5, of this act, and deliver the application collector's 
receipt to the clerk of his county. The county clerk shall file 
such application and receipt in his office for future reference, 
and enter a description of such application in an index to be 
kept for that purpose, and he shall then issue, under his hand 
and seal, a license to do business setting forth the name of 
the applicant, the kind of business to be transacted, the r>lace 
where such business is to be carried on, the amount of the- 
license tax imposed and the time the license shall expire, and 
deliver the same to the applicant. The assessor shall be en- 
titled to receive a fee of fifty cents for such assessment, and' 
the clerk shall receive a like amount for making out such- 
license, both fees to be paid by the applicant. . Any county 
clerk who shall issue and deliver any such license before receiv- 
ing the collector's receipt for the license tax for the business 
to be carried on, shall be deemed guilty of a misdemeanor, 
and, upon conviction be fined not less than fifty dollars nor 
more than one hundred dollars for each offense,, and. be, sub- 
ject to removal from office. 



OF THE TERRITORY OF NEW MEXICO. 107 

Sec. 4148. — License Taxes of This Act to be Paid in Advance, and 
One-Half to go to County School Funds. 

The license tax provided for in this act shall be payable in 
the current funds of the United States only, and payable in 
advance, but such license may be applied for and taken out 
quarterly, semi-annually or annually, and the amount of such 
tax. when collected by the collector of the county, one-half 
shall be paid over by him to the county treasurer for the use of 
the school funds, and one-half to the said county treasurer 
of the county to the credit of the current expense fund of said 
county. 

Sec. 4149 (As Amended) — Firms or Individuals Atempting to Engage 
in Business Without Paying Reo.uisite Tax, to Forfeit Double 
Amount of Tax. Penalty for Refusal to Take Out Business 
License. 

(As amended.) Any person, firm, or corporation who 
shall engage in or carry on any business or avocation, for 
which a license is required without having paid such tax, 
shall be required to pay double the amount of such tax for 
the time which has expired from the beginning of such busi- 
ness or avocation until a legal application for a hcense shall 
have been made; and if such person, firm or corporation shall 
refuse or neglect to take out a license, and pay the penalty 
above mentioned, for thirty days after receiving a notice from 
the assessor, a notice such as is required by section 4155 as 
amended by section 5 of this act, shall be deemed guilty of a 
misdemeanor, and, upon conviction, be fined any sum not 
less than fifty nor more than one hundred dollars, or be im- 
prisoned in the county jail not more than six months. 

Sec. 4150. — Laws Regarding Liquor and Gaming License Not Affected 

by This Act. 

The provisions of this act shall in no manner annuU 
repeal, revoke, change, alter, or amend any of the laws of this 
territory respecting the licenses required of wholesale or retail 
dealers in vinous, malt, or spirituous liquors, or the law reg- 
ulating the licensing games of chance, but shall only be appli- 
cable to the business in the vocations herein especially men- 
tioned. 



108 COMPILATION OF THE SCHOOL LAWS 

Sec. 4152. — Operators of Nickle-in-the-SIot Machines to Pay Annual 
License of $50 for County School Fund. Purely Musical or 
Weighing Machines and Those Not Gambling Devices Excepted. 

That all persons, firm, company, or corporation, owning, 
operating, or conducting an}^ nickel or penny-in-the-slot ma- 
chies, or other slot machines, within the Territory of New 
Mexico, shall pay an annual license of fifty dollars per year 
for each and every one of such machines so owned, operated 
or conducted, which license shall ■ be issued by the probate 
' clerk and paid to the officer now authorized by law to collect 
licenses, and shall be applied to the general county school fund: 
Provided' That no nickel-in-the-slot machine used purely 
as a musical instrument, for weighing or other similar pur-' 
poses and not as a gambling device or game of chance, shall 
be regarded as coming under the provisions of this act, and the 
owner or operator of such last mentioned machines or 
machine shall not be required to pay license upon or for oper- 
ating the same. 

Sec. 4153. — Persons Failing to Comply With Requirements of Pre- 
ceding Section Liable to Fine, Which Shall go to 
General County School Fund. 

Any person, firm, company, or corporation who shall re- 
fuse or fail to comply with the provisions of section four 
thousand one hundred and fifty-two shall be fined by a fine 
■of not less than ten dollars, nor more than one hundred, which 
fine shall be collected by action as now provided by law for 
the collection of fines, and when ,so collected shall go to the 
general county school fund. 

(See section 4176 et seq.) 
(See sections 4 177-4 184). 



OF THE TERRITORY OF NEW MEXICO. 109' 

Territorial Educational 
Institutions. 



COMPILED LAWS OF 1897, AS AMENDED, 



TERRITORIAL, INSTITUTIONS. 
Sec. 3550. — Designated Territorial Institutions. 

The New Mexico College of Agriculture and Mechanic 
xA.rts, the University of New Mexico, the New Mexico School 
of Mines, the New Mexico Normal School at Silver City, the 
New Mexico Normal School at Las Vegas, the New Mexico 
Military Institute at Roswell, and the New Mexico Insane- 
Asylum shall be known as the Territorial institutions. 

NEW MEXICO COLLEGE OF AGRICULTURE AND 
MECHANIC ARTS. 

Sec. 3551. — Agricultural College and Station Created. 

There is also hereby created and established an institu- 
tion of learning, to be known as the Agricultural College and 
Agricultural Station of New Mexico. Said institution is here- 
by located at or near the town of Las Cruces, in the County- of 
Dona Ana. upon a tract of land of not less than one hundred 
(100) acres, contiguous to the main Las Cruces irrigating 
ditch, south of said town, and now owned by Jacob Schaublin, 
and which said land shall, within six months from the pas- 
sage of this act, be donated and conveyed by said Schaublin, 
free of any cost and expense, to the Territory of New Mexico 
for such purpose : Provided, That no improvements or build- 
ings, as hereinafter provided for, shall be made or erected 
upon such land until deed is duly executed, recorded and filed' 
in the office of the Secretary of the Territory, as hereinafter ~ 
provided. 



110 COMPILATION OF THE SCHOOL LAWS 

Sec. 3552. — To be Institutions of Learning; to be Non-Sectarian. 

The Agricultural College and Agricultural Experiment 
Station, created and established by this act, shall be an in- 
stitution of learning open to the children of all the residents 
of this territory, and such other persons as the board of re- 
gents may determine, upon such terms, rules and regulations 
as may be prescribed by said board of regents; shall be non- 
sectarian in character and devoted to practical instruction in 
agriculture, mechanic arts, natural sciences connected there- 
with, as well as a thorough course of instruction in all branches 
of learning bearing upon agriculture, and other industrial 
pursuits. 

Sec. 3553. — Curriculum. 

The course of instruction of the college hereby created 
shall embrace the English language, literature, mathematics, 
philosophy, civil engineering, chemistry and animal and vege- 
table anatomy and physiology, the veterinary art, entoniol .-■ 
geology and political, rural and household economy, horticul- 
ture, moral philosophy, history, mechanics and such ether scien- 
ces and courses of instruction as shall be prescribed by the 
regents of this institution of learning. The management of 
said college and experiment station, the care and preservation 
of all property of which such institution shall become possessed, 
the erection and construction of all buildings necessary for 
the use of said college and station, and the disbursement and 
expenditure of all moneys provided for by this act shall be 
vested in a board of five regents. Said five regents shall 
possess the same cpialifications, shall be appointed in the same 
way, and the terms of office shall be the same, and vacancies 
shall be filed in like manner as is provided in section three 
thousand five hundred and seventy-one and three thousand 
five hundred and seventy-two, with reference to the regents 
of the territorial university. Said regents and their success-, 
ors in office shall constitute a body corporate, with the name 
and style of the Regents of the Agricultural College of New 
Mexico, with the right as such of suing and being sued, of 
contracting and being contracted with, of making and using 
a common seal, and altering the same at pleasure, of causing 
all things to be done necessary to carry out the provisions of 
this act. A majority of the board shall constitute a quorum 



OF THE TERRITORY OF NEW MEXICO. Ill 

;*cr the transaction of business, but a less number may adjourn 
f.cm time to time. 

Sec. 3554. — When and Where Board Shall Organize. 

The board shall meet and organize by the election of its 
said officers at said town of Las Cruces, or at the said college 
;^ rounds, and in the said count}- of Dona Ana, on the second 
Wednesday in November, A. D. 1889. The officers then 
elected and their successors in office shall be the same, be 
elected in the same manner, at the same time, and possess the 
same qualifications, and the regents and officers shall perform 
their duties as provided for the regents and officers of the 
LJniversity of New Mexico in this act. 

Sec. 3555. — Powers of Regents. 

The regents shall have the power and it shall be their 
duty to enact laws for tl>2 government of the said Agricultural 
College and Experiment Station. 

Sec. 3556. — Further Powers. 



The board of regents shall direct the disposition of any 
moneys belonging to or appropriated to the Agricultural Col- 
lege and Experiment Station established by this act, and shall 
make all rules and regulations necessary for the government 
and management of the sarrie, adopt plans and specifications 
for necessary buildings and superintend the construction of 
said buildings, and fix the salaries of professors, teachers and 
other employes, and the tuition fees to be charged in said 
college. 

Sec. 3557. — Experiment Station, to be Located Upon Land Upon Which 
College is Situated. 

The Agricultural Experiment Station provided for in this 
act in connection with said Agricultural College shall be like- 
wise located upon the land referred to in section three thou- 
sand five hundred and fifty-one, and it shall be under the direc- 
tion of the said board of regents of said college for the p.urpose 
of conducting experiments in agriculture according to the 
terms of section one of an act of Congress approved March 2, 
1887, and entitled. An act to establish agricultural experiment 
stations in connection with the colleges established in the sev- 
eral states under the provisions of an act approved July 2. 1862, 
and of the acts supplementary thereto. The said college and 



112 COMPILATION OF THE SCHOOL LAWS 

experiment station shall be entitled to receive all the benefits 
and donations made and given to similar institutions of learn- 
insf in other states and territories of the United States and terri- 
tories by the legislation of the Congress of the United States 
now in force or that may hereafter be enacted, and particularly 
to the benefit and donations given by the provisions of an act 
of Congress of the United States entitled, An act donating 
public lands to the several states and territories, which may 
provide colleges for the benefit of agriculture and mechanic 
arts, approved July 2, 1862, and of all acts supplementary 
thereto, including the act entitled. An act to establish agricul- 
tural experiment stations in connection with colleges es- 
tablished in the several states under the provisions of an act 
approved July 2, 1862, and of the acts supplementary thereto, 
which said last mentioned act was approved March 2, 1887. 

Sec. 3558. — Assent of Legislation Given to Act of Congress, Grant- 
ing IVloney to' College for Stations. 

The assent of the legislative assembly of the territory of 
New Mexico is hereby given in pursuance of the requirements 
of section three thousand and five hundred and s-^ventv one of 
Congress, approved March 2, 1887, to the granting of money 
therein made to the establishment of experiment stations in 
accordance with section one of said last mentioned act, and as- 
sent is hereby given to carry out, within the Territory of New 
Mexico, all and singular the provisions of said act. 

Sec. 3559. — Power of Board to Enact Laws for Government of College. 

The board of regents shall have power and it shall be 
their dutv to enact laws for the government of the Agricul- 
tural College and Experiment Station, and the meetings of 
said board ma}^ be called in such manner as the regents may 
prescribe. 

Sec. 3560. — Several Departments Intrusted to Faculties. 

The immediate government of the several departments 
shall be intrusted to their respective faculties, but the regents 
shall have the power to regulate the course of instruction and 
prescribe, under the advice of the faculty, the books and author- 
ities to be used in the several departments, and also to confer 
such degrees and grant such diplomas as are usually conferred 
and granted by other agricultural colleges. The regents shall 



OF THE TERRITORY OF NEW MEXICO. 113 



have power to remove any officer connected with the Agricul- 
tural College or Experiment Station when, in their judgment, 
the best interests of the college require it. 
Sec. 3561. — Sub-Experiment Stations Established in San Juan County. 

There is hereby created and estabhshed a sub-Agricul- 
tural Experiment Station in connection with the Agricultural 
College and Agricultural Station of New Mexico. Such sub- 
Agricultural Experiment Station is hereby located at some 
point in the county of San Juan, hereafter to be selected by the 
board of regents of the Agricultural College of New Mexico ; 
Provided, That the County of San Juan, or some person or 
persons for said county, shall, within three months from the 
passage of this act, deed, donate and transfer to the Territory 
of New Mexico, for the use of said sub-Agricultural Experi- 
ment Station, not less than one hundred acres of good, arable 
land, under an irrigating ditch, such land and the location 
thereof to be accepted and determined by the board of regents 
of the Agricultural College. The sufficiency of the deed and 
the title to the land so to be donated to the Territory of New 
Mexico shall be passed upon and approved by the solicitor gen- 
eral of New Mexico. 

Sec. 3562. — Regents Autliorized to Erect Buildings. 

The board of regents of the Agricultural College and 
Agricultural Station of New Mexico are hereby authorized 
and instructed to apply to the construction of buildings, etc., 
of the sub-Agricultural Experiment Station, provided for by 
this act, the sum of five thousand dollars, appropriated by 
the legislative assembly of New Mexico for the Agricultural 
Experiment Station in the County of San Juan, under, and 
by, the provisions of House Bill No. 8i, being an act en- 
titled, An act and resolution authorizing the governor to re- 
ceive certain moneys from the United States, accepting the 
terms of the act of congress appropriating the same and pro- 
viding for the disposition thereof. 

Sec. 3563. — Regents Authorized to Apply Congressional Money to Es- 
tablish Stations. 

The board of regents of the Agricultural College and 
Agricultural Station of New Mexico are hereby authorized 
and instructed to apply to the support and maintenance of the 



114 COMPILATION OF THE SCHOOL LAWS 

sub-Agricultural Experiment Station herein provided for so 
much of all the moneys now on hand and hereafter received 
from the government of the United States, under and by vir- 
tue of acts of Congress of the United States, approved 
March 2, 1887, and entitled, An act to establish agricultural 
experiment stations in connection with the colleges established 
in the several states, under the provisions of an act approved 
July 2, 1862. and of the acts supplementary thereto, as can be 
applied by said board of regents in justice to the agricultural 
college of New Mexico, at Las Cruces, and the sub-stations, 
to be established in other portions of the territory. 

Sec. 3564. — Two Experiment Stations to be Established. 

There is hereby created and established in connection with 
the Agricultural College and Agricultural Station of New 
Mexico two branch agricultural expepiment stations to be lo- 
cated as follows : One at some point in the northeastern por- 
tion of the Territory of New Mexico between the Town of 
<jlorieta, in the Sierra Madre Mountains, and the Town of 
iRaton, near the eastern boundary of New Mexico, and the 
other at some point in the Pecos valley, in the southeastern 
portion of the territory, the exact point in each section to be 
determined hereafter by the board of regents of the Agricul- 
tural College and Agricultural Station of New Mexico. 

Sec. 3565. — Land to be Donated for Purposes of Station. 

For the purposes of this act there shall be deeded, donated 
and transferred to the Territory of New Miexico, at each of the 
points finall}^ determined upon by the said board of regents 
for the exact location of the said experiment stations for the 
itse of each of said branch agricultural experiment stations, 
not less than one hundred acres of good, arable land, under an 
irrigating ditch, such land and the location thereof to be ac- 
cepted and determined by the said board of regents of the 
Agricultural College; the sufficiency of the deed and the title 
to the land so to be donated to the Territory of New Mexico 
to be passed upon and approved by the solicitor general of the 
territory. 

Sec. 3566. — Regents Authorized to Appropriate Money to Erect Build- 
ings. 

The board of regents of the Agricultural College and 



OF THE TERRITORY OF NEW MEXICO. 115 

Agricultural Station of New Mexico is hereby authorized and 
empowered to apply to the construction of buildings, etc., upon 
the lands donated to each of said branch agricultural experi- 
ment stations provided for by this act, out of the moneys here- 
inafter levied and collected, the sum of not less than two thou- 
sand five hundred dollars to each of said experiment stations. 

Sec. 3567. — Part of Government Money to be Applied for Their Support. 

The board of regents of the Agricultural College and 
Agricultural Station of New Mexico is hereby authorized and 
instructed to apply to the support and maintenance of each of 
the branch agricultural experiment stations hereby created so 
:much of all the moneys now on hand and hereafter received 
from the government of the United States, under and by vir- 
tue of an act of the Congress of the United States, approved 
March 2, 1887, and entitled An act to establish agricultural 
experiment stations in connection with the colleges established 
in the several states, under the provision of an act approved 
July 2, 1862, and of the acts supplementary thereto, as can be 
applied by said board of regents in justice to the Agricultural 
College of New Mexico, at Las Cruces, and the experiment 
stations hereby and heretofore established in other portions of 
the territory. 

-Sec. 3567a. — Acceptance of Congressional Grant for Agricultural Col- 
lege. 

The assent of the legislative assembly of the Territory 
of New Mexico is hereby given in pursuance of the require- 
ment of section two of an act of Congress entitled. An act to 
apply a portion of the proceeds of the public lands to the 
more complete endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under 
the provisions of an act of Congress approved July 2, 1862, 
approved August 30, 1890, to the granting of moneys for the 
benefit of the Agricultural College of the Territory of New 
Mexico, and the said legislative assembly accepts and con- 
sents to all of the terms and conditions of said act of Congress, 
and assent is further given to carry out within the Territory 
of New Mexico, all and singular, the provisions of said act of 
Congress. 



116 COMPILATION OF THE - SCHOOL LAWS 

THE UNIVERSITY OF NEW MEXICO. 
Sec. 3568. — University of New IVIexico Created; Wliere Located. 

There is hereby created and established within and for 
the Territory of New Mexico an institution of learning to be 
known as the University of New Mexico. Said institution is 
hereby located at or near the town of Albuquerque, in the 
county of Bernalillo, within two miles north of Railroad 
avenue, in said town, upon a tract of good, high and dry land, 
of not less than twenty acres, suitable for the purposes" of such 
institution, which said land shall, within six months from the 
passage of this act, be donated and conveyed, free of any cost 
and expense, to the Territory of New Mexico, by G. W. Mey- 
Icrt : Provided, That no improvements or buildings as here- 
inafter provided for shall be made or erected upon such land 
until such deed is duly executed, recorded and filed in the 
office of the Secretary of the Territory, as hereinafter pro- 
vided. 

Sec. 3569. — University Intended for State University; When Terri- 
tory Admitted. 

The University of New Mexico hereby created and estab- 
lished, is intended to be the state university when New Mexico 
shall be admitted as a state into the Union, and as such is entit- 
led to all the donations of land and all other benefits under all 
acts of Congress now in force or hereafter to be enacted for the 
benefit of such educational institutions in the future state. 
Sec. 3570. — Objects. 

The object of the university hereby created shall be to 
provide the inhabitants of the Territory of New Mexico and 
the future state with the means of acquiring a thorough 
knowledge of the various branches of literature, science, and 
arts. 

Sec. 3571. — Control Reposed in Board of Regents; Regents, How 

Appointed. 

The management and control of said university, the care 
and preservation of all property of which it shall become 
possessed, the erection and construction of all buildings neces- 
sary for its use, and the disbursement and expenditure of all 
moneys appropriated by this act, shall be vested in a board of 
five regents, to consist of five qualified voters, who shall be 
owners of real estate in this Territory. Said five members 



OF THE TERRITORY OF NEW MEXICO. 117 

of the board of regents shall be appointed, in the manner now 
provided by law for the appointment of territorial officers, not 
earlier than the first day of September, nor later than the first 
day of October next after the passage of this act, and vacancies 
occurring in said board shall be filled in the same manner as 
is now provided by law for the filling of vacancies in other 
territorial offices. 

Sec. 3572. — Their Terms of Office. 

The board of regents provided for in this act shall be 
appointed, one for a term of one year, one for a term of two 
years, one for a term of three years, one for a term of four 
years, and one for a term of five years : Provided, That all 
appointments made to fill vacancies caused by death, resigna- 
tion or otherwise shall be for the unexpired term of the in- 
cumbent, whose place shall have become vacant. All other 
appointments made subsequent to the appointment of the first 
Board of Regents provided for in this act shall be for the 
term of five years, and until the appointm^ent and qualifica- 
tion of a successor to such appointee. 

Sec. 3573. — To be a Body Corporate. 

The regents of the university and their successors in office 
shall constitute a body corporate under the name and style of 
The Regents of the University of New Mexico, with the right, 
as such, of suing and being sued, of contracting and being 
contracted with, of making and using a common seal and alter- 
ing the same at pleasure. 

Sec. 3574. — Organization, Secretary to Give Bond. 

The board of Regents of the University of New Mexico 
shall meet and organize by the election of its officers at Albu- 
querque, in said Bernalillo county, on the second Wednesday 
in November, A. D. 1889. The officers then elected shall hold 
their offices until the second Monday in March, A. D. 1891, 
when their successors shall be elected, and said elections shall 
occur annually on the second Monday in March in each year 
thereafter ; all officers so elected shall hold their offices until 
their successors are duly elected and cjualified. At such elec- 
tions they shall elect a president and secretary and treasurer 
from their number. The person so elected as secretar)^ and 
treasurer shall, before entering upon the discharge of his du- 



118 COMPILATION OF THE SCHOOL LAWS 

ties as such, execute a good and sufficient bond to the Territory 
of New Mexico, with two or more sufficient sureties, residents 
of this territory, in the penal sum of not less than twenty 
thousand dollars, conditioned for the faithful performance 
of his duties as such secretary and treasurer, and that he will 
faithfully account for and pay over to the person or persons 
entitled thereto all moneys which shall come into his hands as 
such officer, which said bond shall be approved by the governor 
of the Territory and shall be filed with the territorial secre- 
tary. 

Sec. 3575. — ^President; Duties. 

The president of said board shall be the chief executive- 
officer, shall preside at all meetings thereof, except that when 
he is absent the board may appoint a president pro tern, and 
sign all instruments required to be executed by said board. 
He shall also generally direct the a.ffairs of said university, 
nominate, and by and with the advice and consent of the board 
of regents, appoint all professors, tutors, instructors and 
other employes necessary to the proper conduct of said univer- 
sity; and in like manner shall be determined the amount of 
their respective salaries, subject to the provisions of this act. 
The secretary and treasurer shall be the financial and recording 
officer of said board, shall keep a true and correct account of 
all moneys received and expended by him, shall attest all in- 
struments required to be signed by the president, and shall 
keep a true record of all the proceedings of said board and 
generally do all other things required of him by said board. 

Sec. 3576. — Power of Regents to Make Rules, Etc. 

The regents shall have power and it shall be their duty to 
enact laws, rules and regulations for the government of the 
university. 

Sec. 3577. — Departments to be Establishedr , 

The university shall have departments, which shall here- 
after be opened at such times as the board of regents shall 
deem best, for instruction in science, literature and the arts, 
law, medicine, engineering and such other departments and 
studies as the board of regents may, from time to time, de- 
cide upon, including military training and tactics. 



OF THE TERRITORY OF NEW MEXICO. 119 

Sec. 3578. — Government of Departments Intrusted to Their Faculties. 

The immediate government of the several departments 
sh.all be intrusted to their respective facidties, but the regents 
shall have the power to regulate the course of instruction, and 
jn-escribe the books and authorities to be used in the several 
departments, and also confer such deg-rees and grant such 
c'lplomas as are usually conferred and granted by other uni- 
versities. The regents shall have power to remove any officer 
• 'onnected with the university when, in their judgment, the in- 
terests require it. 

Sec. 3579. — Open to Cinildren of all Residents. 

The university created by this act shall be open to the 
children of all residents of this territory, and such others as 
the beard of regents may determine, under such rules and regu- 
lations as may be prescribed by said board, whenever the 
finances of the institution shall warrant it, and it is deemed ex- 
pedient by said board of regents. 

Sec. 3580. — To be Non-Sectarian. 

No sectarian tenets or opinions shall be required to en- 
title any person to be admitted as a student or employed as a 
tutor or other instructor in said universit3^ but the same shall 
forcA'^er be strictly non-sectarian in character. 

Sec. 3581. — Meetings, Quorum. 

The meetings of the board may be called in siii^h manner 
as the board of regents ma}^ prescribe, and the majorit}^ of said 
board shall constitute a quorum for the transaction of business, 
but a less number may adjourn from time to time. 

Sec. 3582. — Regents Authorized to Contract for Erection of Buildings. 

That the board of regents of the University of New Mex- 
ico are hereby authorized and empowered to enter into a con- 
tract with some proper person or corporation for the erection of 
a building on the grounds of the university, suitable for dormi- 
tory purposes, and to be used for that and such other purposes 
as the needs of the university may require : Provided, That 
the said building shall not cost to exceed the sum of twenty 
thousand dollars. 

Sec. 3583. — Regents Authorized to Lease Part of University Grounds. 

Said board of regents are hereby authorized to lease to 



120 COMPILATION OF THE SCHOOL LAWS 

the person or corporation erecting said building such part 
of the university grounds as may be necessary for a site for 
said building, together with the right of way over the univer- 
sity grounds from the public highway to said building, said 
lease to run for the period of thirty years, unless said building 
shall be purchased for the uses of the university before that 
tnne, in which event said lease shall determine, and the annual 
rental to be named in said lease shall be the sum of one dollar. 

Sec. 3584. — Regents May Contract for Payment of Rent. 

Said board of regents may contract for the payment of 
an annual rental for said building when erected, a sum not to 
exceed eight per cent, on the actual cost of the building after 
deducting the cost of the insurance and fixed charges : And pro- 
vided, further, That said building and site shall be exempt from 
taxation of all kinds. 

Sec. 3585. — Building, When Completed, May be Purchased. 

The contract so made for the erection of said building 
shall provide that the same may be purchased for the uses of 
the university at any time during the said period of thirty years, 
upon the payment as purchase money therefor the actual cost 
of the same when erected. 

Sec. 3586.— Territory Not Liable. 

By the making of said contract, no obligation shall be 
imposed upon the territory to carry out the same, or to make 
any appropriation for the payment of said annual rental, or 
the purchase of said building, than it otherwise would or shall 
make, by some other affirmative act make, and any appropria- 
tion hereafter made by the legislative assembly for such pur- 
poses shall be considered voluntary. 

Sec. 3587. — Commissioners to Select Lands Authorized. 

Authority is given to the governor of the territory by 
this act to appoint a commissioner to choose two townships 
cf land on surveyed land of the public domain within this terri- 
tory, which have been granted by the general government to 
establish a university in this territory, in conformity with an 
act of Congress, approved July 22, 1854, entitled. An act to 
create the offices of surveyor general in the Territories of New 
Mexico. Kansas and Nebraska, to grant lands to actual settlers 
and for other purposes, in its section six. 



OF THE TERRITORY OF NEW MEXICO. 121 

Sec. 3588. — Commissioners to Act. 

As soon as said commissioner is appointed, he shall pro- 
ceed to carry out the provisions of this act. 

Sec. 3589. — Sub-Division and Filing. 

When said commissioner shall have selected the two town- 
ships on surveyed lands, or that may be hereafter surveyed, 
he shall make legal sub-divisions, not less than one half section, 
.and shall file a list of land so selected in the office of the sur- 
veyor general and the register of the land office of this terri- 
tory, at Santa Fe : Provided, hozvever, That the expenses for 
selecting and locating said lands shall not exceed the sum of 
one hundred dollars, which amount is hereby appropriated to 
be paid out of the funds of the territory by order of the 
governor. 

Sec. 3590. — Surveyed Lands, to Claim. 

The said commissioner, as herein authorized, shall claim 
.and demand, on lands already surveyed, sections sixteen and 
thirty-six of each township granted to this territory by organic 
act of the territory, and by the fifth section of said act of July 
.22, 1854. 

Sec. 3591. — commissioners to Report. 

Said commissioner shall report to the legislature at its 
next session, or at the first special session of the legislature 
which may be hereafter held, his proceedings as herein pro- 
vided. 

THE SCHOOL OF MINES. 
Sec. 3592. — New IVIexico School of IVlines Created. 

There is also hereby created and established within and 
for the Territory of New Mexico an institution of learning, 
to be known as The New Mexico School of Mines. Said in- 
stitution is hereby located within the limits of the city of So- 
corro, in the County of Socorro, upon a tract of land of not 
less than twenty acres, suitable for the purposes of such institu- 
tion, which shall be donated and conveyed by a good and 
sufficient deed, to the Territory of New Mexico by the own- 
ers thereof, free of cost and expense to said territory, which 
'deed shall be executed within six months from the passage 



122 COMPILATION OF THE SCHOOL LAWS 

oj this act, and no improvement or building as hereinafter pro- 
vided for shah be made or erected upon such land until such 
deed is duly executed, recorded and filed in the office of the 
secretary of the Territor)^ as hereinafter provided. 

Sec. 3593.— Object. 

The object of the School of Mines created, established, 
and located by this act is to furnish facilities for the education 
of such persons as may desire to receive instruction in chemist- 
ry, metallurgy, mineralogy, geology, mining, milling, engineer- - 
ing, mathematics, mechanics, drawing, the fundamental laws 
of the United States, and the rights and duties of citizenship, 
and such other courses of study, not including agriculture, as ■ 
may be prescribed by the board of trustees. 

Sec. 3594. — Management. 

The manageuDent and control of said School of Mines, . 
the care and preservation of all property of which it shall be- 
come possessed, the erection and construction of all buildings - 
necessary for its use, and the disbursement and expenditure of 
all moneys appropriated by this act, or which shall otherwise - 
come into its possession, shall be vested in a board of five- 
trustees, which shall be qualified voters and owners of real 
estate in said territor_y; said trustees shall possess the same 
qualification, shall be appointed in the same waj^, and their 
terms of office shall be the same, and the vacancies shall be • 
filled in like manner as is provided in sections three thousand' 
five hundred and seventy-one and three thousand five hundred 
and seventy-two, with reference to regents of the territorial 
university. Said trustees and their successors in office shall 
constitute a body corporate, under the name and style of The 
Trustees of the New Mexico School of Mines, with the right, 
as such, of suing and being sued, of contracting and being 
contracted with, of making and using a common seal and' 
altering the same at pleasure, and of causing all things to be 
done necessary to carr}/- out the provisions of this act. A ma- 
jority of the board shall constitute a quorum for the transac- 
tion of business, but a less number may adjourn from time to ■ 
time. 

Sec, 3595. — Organization of Board. 

The board shall meet and organize by the election of its- 



OF THE TERRITORY OF NEW MEXICO. 123 

officers, at the town of Socorro, in Socorro county, on the sec- 
ond Wednesday of November, A. D. 1889. The of f icers then 
elected and their successors in office shall be the same, be 
elected in the same manner, at the same time, and possess the 
same qualifications as the officers of the University of New 
Mexico, and the secretary and treasurer so elected shall give 
bonds in the sum of ten thousand dollars in the manner pro- 
vided in section three thousand five hundred an seventy-four. 
Sec. 3596. — Duty of President. 

The president of said board shall be the chief executive of- 
ficer, shall preside at all meetings thereof, except that when he 
is absent the board may appoint a president pro tcm, sign all 
instruments required to be executed by said board ; he shall also 
direct the affairs generally of the said School of Mines, shall 
nominate and by and with the advice of said board of trustees 
appoint all professors, instructors, tutors and other employes 
necessar)^ to the proper conduct of said School of Mines, and 
in like manner shall determine the amount of their respective 
salaries, subject to the provisions and restrictions of this act. 

Sec. 3597. — Secretary and Treasurer. 

The secretary and treasurer shall be the financial and re- 
cording officer of said board, shall keep a true and correct 
account of all moneys received and expended by him, shall at- 
test all instruments required to be signed by the president of 
said board, and shall keep a true and correct record of all pro- 
ceeding of said board, and, generally, do all other things 
required of him by said board. 

Sec. 3598. — Powers and Duties of Board of Trustees. 

The board of trustees shall have power and it shall be 
their duty to enact by-laws, rules and regulations for the gov- 
ernment of such School of Mines, not inconsistent with the- 
laws of the territory; and they shall also prescribe the text 
books to be used, the course of study, the branches to be 
taught, the number of departments into which said school 
shall be divided, and to change the same from time to time ; 
to fix the scholastic year, provide apparatus, mineral and geo- 
logical cabinets, and do all and everything necessary in and' 
about the premises with a view to promoting the best interests- 
of said institution. 



124 COMPILATION OF THE SCHOOL LAWS 

Sec. 3599. — Government. 

The immediate government of their several departments 
: shall be intrusted to their several faculties. 

Sec. 3600. — Diplomas and Degrees. 

The board of trustees shall have power to confer such 
■ degrees and grant such diplomas as are usually conferred and 
granted by other similar schools. 

Sec. 3601. — Removal of Officers and Instructors. 

The trustees shall have power to remove any officer, 
tutor or instructor, or employe connected with said school 
when in their judgment the best interests of said school re- 
quire it. 

Sec. 3602. — Tuition. 

Said School of Mines shall be a place for instruction in 
the branches mentioned in section three thousand six hun- 
dred and nineteen, with or without charge to residents of this 
territory, as shall be deemed best by the trustees, but non-resi- 
dents shall be admitted to the privileges of such school upon 
such terms as the trustees shall prescribe. 

Sec. 3603. — Fees for Assay and Other Services. 

The board of trustees shall require such compensation 
for all assays, analysis, mill tests or other services performed 
by said institution as they may deem reasonable, and the same 
shall be collected and paid into the treasury of the School of 
Mines for said institution, and an accurate account thereof 
shall be kept in a book to be provided for that purpose. 

Sec. 3604. — Intention in Report to the School and Endowment. 

The institution hereby established as the New Mexico 
School of Mines is intended to be the state school of mines 
when New Mexico shall be admitted into the union as a state, 
and it shall be etjtitled to the benefits of all grants of land 
and moneys which shall be given to the territory by any act 
of Congress for the endowment of said institution, and such 
lands and moneys shall be used for the benefit of this institu- 
tion, located at Socorro, Socorro county, and for no other 
purpose. 

Sec. 3605. — ^Preparatory Department Provided. 

The New Mexico School of Mines shall, in addition to 
the course now provided for, maintain a preparatory depart- 



OF THE TERRITORY OF NEW MEXICO. 125 

ment, and that the board of regents of each educational in- 
stitution herein provided for shall charge as tuition a fee of 
not less than five nor more than twenty-five dollars per ses- 
sion for each and every student; said tuition to be fixed by 
said board of regents and collected by officers of each insti- 
tution and accounted for as other funds provided by law for 
maintenance of said institution. 

NORMAL SCHOOLS. 

Sec. 3650. — Normal Schools Established. 

There is hereby created and established at Silver City, in^ 
Grant county, and in Las Vegas, in San Miguel county, ni 
the Territory of New Mexico, institutions of learning to be 
known as the Normal Schools of New Mexico. 
Sec. 3651. — Location of. 

Such schools shall be located upon a tract of land suit- 
ably and pleasantly located, containing not less than twenty 
acres, and situate not more than one and a half miles from 
said Silver City and Las Vegas, respectively, the location of 
such land to be approved by the respective boards of regents 
created by this act, and the same shall be conveyed to such 
boards by a good and indefeasible title, in fee simple, within 
six months after the passage of this act, free of any cost to the 
territory or said boards; and no expenditure of money shall 
be made, under this act, upon such land until such conveyance 
is made and accepted by such boards. That the location of 
said normal school at Las Vegas is hereby fixed, and said 
normal school at Las Vegas shall be located upon that certain 
triangular tract or parcel of land at the intersection of Na- 
tional and Main streets, in the incorporated Town of East 
Las Vegas, and being the tract or parcel of land known and 
called the Desiderio Romero property, and containing not less 
than two acres. 

Sec. 3652. — Control in Five Regents. 

The control of such normal schools shall be each under 
a board of five regents, to be appointed by the governor of the 
territory. In making such appointments for the first time, 
one shall be appointed for one year, one for two years, one for 
three years, one for four years, and one for five years, and 
thereafter appointments shall be made for the term of five 



:126 COMPILATION OF THE SCHOOL LAWS 

5'ears, and at the expiration of the terms of the several mem- 
bers, or when vacancies may otherwise arise. The members 
•of each such board shall be voters of the territory and the 
owners of real estate therein, and no more than three of the 
members of each said board shall be of the same political party. 
Each such board shall constitute a body politic and corporate, 
and shall have power to sue and be sued, to contract and be 
contracted with, and the title to all property belonging to each 
such normal school shall be vested in the respective corporate 
■bodies and their successors. 

Sec. 3653. — Organization and Qualification of Regents. 

Within thirty days after the appointment of each such 
iDoard, the members thereof shall meet at Silver City and Las 
Vegas, respectively, at a time to be designated by the gov- 
pernor of the territory, and each shall organize by the election 
of one member thereof as president and another member as 
secretary and treasurer, and annually thereafter a meeting 
of such boards shall be held for the same purpose, but such 
officers shall hold their offices until their successors shall 
be elected and qualified. The person who may be elected as 
secretary and treasurer of each board shall execute his bond, 
payable to the Territory of New M^exico, for not less than 
twenty thousand dollars, with at least two freehold sureties, 
residents of the territory, which shall be conditioned for the 
faithful performance of the duties of such secretary and treas- 
urer, and shall be approved by the governor and filed with the 
secretary of the Territor)^ 

Sec. 3654. — Quarterly Meeting of Regents. 

Each of said boards of Regents shall hold at least four 
Tneetings during each year at their respective normal schools 
for the purpose of discharging- their duties under this act, 
the time of such meeting to be fixed by such board, and the 
president of such board may call special meetings thereof 
when in his judgment the business of such schools demands 
the same. Three members of such boards shall constitute a 
cjuorum for the transaction of business. 

Sec. 3655. — Powers of Regents. 

(As amended. Laws 1899.) Said boards of regents 
:sliall have full and complete power and control over their re- 



OF THE TERRITORY OF NEW MEXICO. 127 



spective normal schools. Each board shall employ a super- 
intendent or principal for such school, who shall have the 
supervision and control of the school under such rules and 
regulations as may be provided by such board. Such board 
shall determine and provide as to what branches of learning 
shall be taught in such school and the classification and order 
of the same, and shall also direct the number of teachers that 
shall be employed, and shall determine the compensation to be 
paid to the superintendent and teachers. Such board shall 
.also prescribe upon what terms and conditions pupils shall be 
admitted to such school, but no pupils shall be admitted who 
are not residents of this territory, except on payment of a 
tuition fee to be prescribed by the board of regents for each 
term. 

Sec. 3656. — Duties of President, Secretary, and Treasurer. 

The president of each board shall preside at all meetings 
tliereof and shall sign the prccedings of the same, and shall 
sign all orders directed by the board to be drawn upon the 
treasurer thereof for the payment of money. In the absence 
of the president at any meeting of the board, the members 
present shall elect a president pro tein. The secretary of the 
board shall have charge of the records, books, and papers be- 
longing to such board, and shall keep a record of the pro- 
ceedings of such board, and shall issue and attest all orders 
directed by the board to be drawn upon the treasurer of the 
same for the payment of money. Such secretary, as treasurer, 
shall have the care and custody of all moneys belonging to 
such school, and he snail pay out the same only upon orders 
drawn upon him by direction of the board of regents and 
signed by the president thereof; and at each regular meeting 
of such board such treasurer shall submit to the same a state- 
ment showing a full account of the condition of financial 
■affairs of such school. 

Sec. 3657. — Compensation of Regents. 

The members of the respective boards of regents shall 
be entitled to the sum' of two dollars per day during the time 
they shall be employed in the actual discharge of their duties, 
and five cents per mile for each mile necessarily traveled in 
going to and returning from their places of residence to the 
place of meeting of such board; but the person who is elected 



128 COMPILATION OF THE SCHOOL LAWS 

as secretary and treasurer of such board shall be entitled to 
receive three dollars per day during the sessions of such board, 
and mileage as above provided. 

Sec. 3658. — Auditor to Levy Tax. 

For the purpose of erecting buildings for such schools,, 
furnishing the same, improving the grounds and maintain- 
ing such schools, the auditor of the territory shall cause to be~ 
levied upon all taxable property in the territory during the 
3^ear, commencing on the fourth day of March, 1893, and end- 
ing on the third day of March, 1894, a tax of two-fifths of 
one mill, which levy shall be collected during the same year 
and applied to the above appropriation. Five thousand dollars 
of said sum shall be available for each of said schools for the 
purposes specified herein, on the first day of January, 1894, 
and the balance of said levy, so collected, on the fourth day of 
March, 1894, and shall be paid upon presentation to the treas- 
urer of the auditor's warrant, which shall be issued upon an 
order from the respective boards of regents of such normal 
schools : Poinded, hozvever, That no indebtedness, binding; 
in any manner upon the territory, shall be incurred by the 
boards of regents or any other person or persons on behalf of 
said schools over and above the amount derived from the col- 
lection of said two-fifths mill lev)^ 

Sec. 3659. — Diplomas, Considered Teachers' Certificates. 

(As amended. Laws 1899.) Diplomas issued to gradu- 
ates of the foregoing normal schools of New Mexico, also 
diplomas issued to graduates from the territorial university at 
Albuquerque, the territorial school of mines at Socorro and 
the territorial agricultural college at Las Cruces, shall be, 
and the same are hereby, considered as first-class teachers'' 
certificates in any of the counties in the Territory of New 
Mexico : Provided, That such diplomas certify that said 
graduates have taken a complete course for the profession of. 
teacher. 



OF THE TERRITORY OF NEW MEXICO. 129 

CHAPTER XVIII. 

An Act to extend the work of the new mexico normal 
school at las vegas, and for other purposes. c. b. 
5; Approved Febntary ly, 1899. 



Sec. 1. — Changes the Title to "New Mexico Normal University." 

That the name and title of the New Mexico Normal 
School at Las Vegas is hereby changed so that said in- 
stitution shall hereafter be known and designated as "The 
New Mexico Normal University." Except as modified or 
amended by this act, all laws heretofore enacted, or appoint- 
ments made touching the New Mexico Normal School at Las 
Vegas are hereby made applicable to and continued in force 
as to said New Mexico Normal University; and all rights, 
titles, interest, properties, privileges, grants, or donations 
which said New Mexico Normal School at Las Vegas now 
has, or to which it is now, or would have hereafter become en- 
titled, shall hereafter belong to and inure to the benefit of the 
said New Mexico Normal University. 

Sec. 2. — Departments for Manual Training and a Kindergarten For 

Training School. 

There are hereby established as branches or departments 
of said New Mexico Norm'al University, to be carried on at 
Las Vegas, a school of manual training for the Territory of 
New Mexico, the object of which shall be to instruct pupils, 
and to train and qualify teachers to teach the use of hands and 
tools in the various useful arts of practical value to the people 
of the territory; and also a kindergarten training school tO' 
qualify teachers of the territory to use that system of teaching 
in the primary schools. 

Sec. 3. — Shall Be Forever Strictly Non-Secterian. 

Said institution shall be forever strictly non-sectarian in 
its character and management, and no creed or system of re- 
ligion shall be taught, practiced, or exercised in it. 

Sec. 4. — Respecting Tuition. Amends Section 3655, Compiled Laws. 
Amends Section 3655, Compiled Laws. 



130 COMPILATION OF THE SCHOOL LAWS 

Sec. 5. — Concerning Diplomas, Amends Section 3659, Compiled Laws. 

Amends Section 3659, Compiled Laws. 

Sec. 6. — Condemning of Land. Makes Section 3693 C. L. 1897, Applic- 
able to New Mexico Normal University. 

The provisions of section three thousand six hundred 
and ninety-three (3693)) of the Compiled Laws of New 
Mexico of 1897, shall be applicable to the New Mexico Nor- 
mal University with the same force and effect as if said insti- 
tution had been one of those mentioned therein. 

Sec. 7. — For Reimbursing Subscriptions for the Completion of the New 
Mexico Normal School Building at Las Vegas. 

For the purpose of reimbursing and paying the cost of 
the completing and equipping the building of the said New 
Mexico Normal University heretofore subscribed by way of 
advancement to the territory by certain citizens and institu- 
tions of Las Vegas and vicinity, there is hereby appropriated 
the sum of nineteen thousand three hundred dollars, which 
shall be paid by the territorial treasurer on the warrant of 
the auditor to the board of regents of said New Mexico Nor- 
mal University from time to time as fast as the money be- 
comes available; a tax sufficient to realize the said sum shall 
be levied under direction of the auditor, for the fiscal years 
1899, 1900, 1901, and collect as other territorial taxes. If 
the moneys collected from said tax for said years should fall 
short of the amount required, a tax shall be in like manner 
levied and collected for the following year to make up the 
deficiency. Said moneys shall be applied by said board of re- 
gents to the repayment of the sums so advanced and paid by 
them, without interest, to the subscribers who have paid the 
same, or their order, pro rata, without any preference in such 
manner, and under such regulations as the said board of re- 
gents may prescribe. 

Sec. 8. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed, and this act shall 
take effect from the date of its passage. 



OF THE TERRITORY OF NEW MEXICO. 131 



CHAPTER LXV. 



An Act to provide for the disposition of lands gRx\nted 
BY CONGRESS. H. B. No. 219; Approved March 20, 
1901. 

•Sec. 1. — Lands Granted For Normal Schools to be Divided Equally Be- 
tween the New Mexico Normal University and the Normal 
School of New Mexico. Funds Not to be Used for Ex- 
penses. 

That the grant of lands to the Territory of New Mexico, 
of one hundred thousand acres of land for the establishment 
.and maintenance of normal schools, made in and by the act of 
Congress of the United States, approved June 21st, 1898, en- 
titled, An act to make certain grants of land to the Territory 
of New M'exico, and for other purposes, is hereby declared to 
be for the equal benefit of the New Mexico Normal Univer- 
sity, located at Las Vegas, and the Normal School of New 
Mexico, located at Silver City, which are hereby designated 
and established as the normal schools for which said grant 
was made. All lands now or hereafter located for the normal 
schools under the said grant shall be held by the territory, 
subject to disposal as provided by law, for the benefit of the 
two institutions herein designated, in the proportion of an 
undivided one-half interest each, and the proceeds of all such 
lands now or hereafter sold or leased shall be placed to the 
credit of the said two institutions, as separate funds, in like 
proportions. Such funds are hereby made available for the 
use of said institutions for the establishment of permanent 
equipment or improvement thereof, or for investment, and 
may be drawn in the manner now provided by law for draw- 
ing other funds, upon resolutions of the board of regents of 
the institution requiring the same, stating that the money is 
required for one or more of the above mentioned purposes, 
to be specified in the resolution; and no part of the principal 
'Cf such funds shall be used for current expenses, salaries, or 
any other form of maintenance, but the income derived from 
the investment of such funds may be so used. 
Sec. 2. — Proceeds of Sale or Leasing of Lands Available for School of 

Mines. 

The proceeds of the sale or leasing of the lands granted 



132 COMPILATION OF THE SCHOOL LAWS 

by said act of congress for the establishment and mainte- 
nance of a school of mines are hereby made available for the 
use of the New Mexico School of Mines, located at Socorro, 
in like manner, for the same purpose and subject to the same 
restrictions as provided in section one ( i ) of this act. 

Sec. 3. This Act shall be in force from and after its 
passage. 

NEW MEXICO MILITARY INSTITUTE. 

Sec. 3660. — Military Institute Established. 

That the Goss Military Institute, located at Roswell, 
Chaves county, New Mexico, be, and the same shall hereafter 
constitute one of the educational institutions of this terri- 
tory, to be known as the New Mexico Military Institute. 

Sec. 3661. — Seven Regents to Control. 

That said institute shall be under the supervision and 
control of a board of seven regents, to serve without compen- 
sation, consisting of the governor and superintendent of public 
education, ex-officio, and five citizens to be appointed by the 
g-overnor ; the term of office of the appointed to be so arranged 
that one shall retire each year, and after the selection of the 
first board the term of office of each appointed member shall 
be five years. 

Sec. 3662. — Organization. 

Upon the appointment of the members of the board, as 
hereinbefore provided, they shall organize and elect from their 
number a president and secretary and treasurer, who shall do 
and perform all the duties that shall be incumbent upon them 
as such officers. 

Sec. 3663. — Regent to Maintain Institute. 

It shall be the duty of the board of regents to establish, 
maintain and control at Roswell, a military institute for the 
education and training of the youth of this country, of as high 
a standard as like institutions in other states and territories. 

Sec. 3664. — Regents; Powers of. 

The said board shall have full power and authority to 
make such rules and regulations concerning the government 
and course of said institute as they may deem proper; to- 



OF THE TERRITORY OF NEW MEXICO. 133 



make contracts with teachers ; to erect buildings and make such 
Other improvements as the institute may require. 

Sec. 3665. — May Sell or Dispose of Land. 

The said board of regents shah have power to sell, lease 
or otherwise dispose of, as to them may seem best for the 
benefit of the institute, the lands and property heretofore do- 
nated by the citizens of Chaves county to said institute, or that 
may hereafter be donated, except forty acres surrounding the 
proposed site of the institute, which shall be forever set apart 
for the use of the institute. 

Sec. 3666. — Deeds to be Signed by President. 

That all deeds for the sale of lands and all contracts made 
by the said board shall be signed by the president. 

Sec. 3667. — Fifteen Thousand Dollars, in Bonds, Authorized. 

An issue of the bonds of the Territory of New Mexico 
IS hereby authorized and directed to be made, in the sum of 
fifteen thousand dollars, to be known as the New M'exico 
Military Institute bonds ; such bonds shall be issued in the de- 
nominations of one thousand dollars each, bearing interest at 
the rate of five per cent, per annum, the interest payable semi- 
annually, in the first days of January and July, and principal 
and interest payable at the Western National Bank, at the 
City of New York, in the State of New York; said bonds 
shall be signed by the governor and treasurer of the territory 
and countersigned by the auditor of public accounts, and shall 
be made payable in thirty years from July ist, 1895, but re- 
deemable at the pleasure of the territory at any time after 
ten years from their date, which shall be July ist, 1895. 

Sec. 3668. — Auditor to Levy Tax For Payment. 

The auditor of public accounts is hereby directed to levy 
annually a tax sufficient to pay the interest on said bonds, 
and to give notice of such assessment to the several officers 
who are charged with the duties of assessment of taxes in 
the several counties of the territory, who shall assess the 
same in the same manner that other taxes are required to be 
assessed ; and for the final redemption of the principal of said 
bonds there shall in the same manner be annually levied, 
after the expiration of ten years from the date of the issuance 



134 COMPILATION OF THE SCHOOL LAWS 

of said bonds, an annual tax sufficient to provide for the pay- 
ment of said bonds by or before the maturity thereof. 

Sec. 3669. — Proceeds of Bonds; How to be Used. 

Said bonds when so issued shall be delivered to the 
board of regents of the New Mexico Military Institute, and 
negotiated to the best advantage possible, and the proceeds 
thereof shall be used by said board of regents in the erection: 
of suitable buildings and for other improvements that may be 
made under the direction of said board of regents for the 
benefit of the institute; and the surplus, if any, may be de- 
voted by said board of regents to the use of said institute in- 
any manner that it may seemi best : Provided, however, Said 
bonds shall not be sold under ninety-five cents, but the neces- 
sary expense of the negotiation may be deducted: And pro- 
vided, further, That within six months from the date of the 
passage of this act a tract of land of not less than forty acres^ 
suitable for the purpose of such institution, shall be donated 
and conveyed by a good and sufficient deed to the Terri- 
tory of New Mexico, free of any cost or expense to said terri- 
tory; and no bonds as herein provided shall be delivered for 
the benefit of such institution until said deed of conveyance 
is executed, and together with other evidence of perfect title 
to said property in said territory shall have been approved by 
the solicitor general of said" Territory of New Mexico, and 
filed in the office of the secretary of said Territory of New 

Mexico. 

Sec. 3670. — Repealed (1901.) 

(Repealed, 1901.) 

Sec. 3671. — Regents May Increase Tuition Fee. 

The regents of the New Mexico Military Institute may 
charge a larger tuition fee if it is deemed necessary to do so 
to maintain said institute. 



CHAPTER VI. 



An Act providing for additional buildings for the new 
mexico military institute at roswell. c. b. no. 9; 
Approved February 20, 1901. 



Sec. I. — Autiiorizing an Issue of Territorial Bonds. 

An issue of bonds of the Territory of New Mexico is 



OF THE TERRITORY OF NEW MEXICO. 135 

hereb)^ authorized and directed to be made in the sum of 
twenty-five thousand dollars, to be known as the New Mex- 
ico Military Institute bonds ; such bonds shall be issued in the 
denominations of one thousand dollars each, bearing interest 
at the rate of five per cent, per annum, the interest payable 
semi-annually on the first days of January and July, and 
principal and interest payable at the Western National Bank, 
at the City of New York, in the State of New York; said 
bonds shall be signed by the governor and treasurer of the 
territory, and countersigned by the auditor of public accounts, 
and shall be made payable in twenty years from July ist, 
1901, but redeemed at pleasure of the territory at any time 
after ten years from their date, which shall be July ist, 1901. 

Sec. 2. — Bonds to be Issued and Negotiated Under Direction of Terri- 
torial Treasurer. 

Said bonds shall be issued and negotiated under the di- 
rection of the treasurer of the territory and the proceeds there- 
of delivered to the board of regents of the New Mexico Mili- 
tnry Institute, and by them shall be used in the erection, 
equipment and maintenance of suitable additional buildings 
on the grounds of said institute under the direction of said 
board of regents for the benefit of the institute : Provided, 
however, Said bonds shall not be sold under their face value. 

Sec. 3. — Providing Funds to Meet Payment of Bonds and Interest 

Thereon. 

For the purpose of providing funds with which to meet 
the payment of said bonds and the interest thereon as the 
same accrues, it is hereby enacted : First, that all rents de- 
rived from the lands donated to said Military Institute by the 
act of Congress approved June the 21st, 1898, entitled, "An 
act to make certain grants of land to the Territory of New 
Mexico, and for other purposes," and which have been here- 
tofore or may be hereafter set apart to said Military Institute 
under the provisions of said act of Congress, shall be ap- 
propriated to the payment of the interest on said bonds as 
the same accrues, and said rentals shall not be used for any 
other purpose unless there shall be a surplus of funds derived 
from said rentals remaining after the payment of said interest, 
in which event said surplus shall become a part of a sinking 
fund to be used in paying said bonds when due; and if said 



136 COMPILATION OF THE SCHOOL LAWS 

rentals shall at any time be insufficient for paying said in- 
terest when due, the auditor of public accounts of the terri- 
tory is hereby directed to levy annually a tax sufficient 
to pay any such deficiency and for the purpose of enabling 
the said levy to be made by the board of public lands shall fur- 
nish the auditor a statement showing the amount of lands 
rented and an estimate of the probable amount which will be 
realized therefrom each year; and, second, there shall be set 
apart and appropriated out of the proceeds of the sale of the 
first twenty-five thousand acres of land so donated and set 
apart to said Military Institute under the provisions of said 
act of Congress, all of the moneys derived from such sales, 
until same, in connection with rentals set apart as aforesaid, 
if any, shall reach a sufficient sum to pay off the principal of 
said bonds and also to pay all interest thereon, which may 
have accrued, and been paid by the territory out of other 
funds than those derived from rentals of said lands, or which 
may accrue or become due thereon from time to time. 

Sec. 4. — Funds Realized From Rentals and Sale of Lands to be Paid 
To Territorial Treasurer. 

All funds realized from said rentals and the sale of said 
twenty-five thousand acres of said land or so much thereof 
as may be necessary to provide for the payment of said bonds, 
principal and interest, shall be set apart and paid over to 'the 
treasurer of the territory as custodian, to be by him paid out 
only in payment of the interest on said bonds as the same ac- 
crues, and in payment of said bonds when payable: Pro- 
vided, Any ntoneys coming into the hands of the custodian 
as interest upon said sinking fund shall be made a part of said 
fund. 

Sec. 5. — Providing Funds to Meet any Deficiency at Maturity of Bonds. 

In event sufficient funds have not been realized from 
the sale and rentals of said lands for the payment of said 
bonds, principal and interest, on the first day of January, A. D. 
1901, then said twenty-five thousand acres of land, or so much 
thereof remaining unsold at that time as may be necessary, 
shall be at once put upon the market and sold by the board 
of public lands under such regulations and laws as may then 
be in force, and the proceeds realized from such sale shall go 
to pay any part of said bonds and interest then unpaid when 



OF THE TERRITORY OF NEW MEXICO. 137 

due and to reimburse the territory for all interest paid by it 
and remaining unpaid in accordance with section four hereof. 

Sec. 6. — Governor and Members of the Legislature to Appoint Cadet. 
Amended by Chapter 108, L. 1905. 

The governor of the territory and each member of the 
Council and House of Representatives composing the Thirty- 
fourth legislative assembly and of each succeeding Assembly 
thereafter of the Territory of New Mexico shall have the 
privilege of appointing one cadet from his district to said 
Military Institute, who shall be by the said board of regents 
received and furnished military training and equipment, tui- 
tion, lodging and medical attendance, free of cost, and board 
at actual cost to the institute for the period of two scholastic 
years, from the first Mbnday in September after such ap- 
pointment : Provided, hozvever, Said cadet so appointed must 
not be less than fourteen nor more than twenty-one years of 
age at the time of entering the institute, and subject to other 
qualifications required by the board of regents. Such appoint- 
ment shall be made during the Legislative session of 1901, 
and each session thereafter, except in case of vacancy for any 
cause whatever, which shall be filled by the member in whose 
district it occurs, or by the governor if at large, upon notice 
from the president of the institute. 

Sec. 7. — Repeals Section 3670, C. L. 1897. 

Section 3670 of the Compiled Laws of New Mexico is 
hereby repealed. 



CHAPTER LXHL 



An Act amendatory of the law relating to the new 
mexico military institute at roswell. h. b. no. 
169; Approved March 20, 1901. 



Sec. 1. — Members of Faculty to Be Aides-de-Camp to Governor. 

That for the better government and enforcement of disci- 
pline in the New Mexico institute, located at Roswell, the super- 
intendent, commandant of cadets and instructors in said in- 
stitute shall be commissioned as aides-de-camp on the staff of 
the governor and commander-in-chief, in addition to the num- 
-ber of aides-de-camp otherwise provided by law; the superin- 



138 COMPILATION OF THE SCHOOL LAWS 

tendent to have the rank of colonel, the commandant of cadets- 
to have the rank of captain, who shall hold ofifce as such 
during the time they are employed in such capacit}^ in said in- 
stitute and no longer, and they will be allowed to wear the- 
uniform of their rank while on duty in the institute, and upon 
all public occasions when the National Guard is under arms 
or the staff of the Governor and commander-in-chief shall 
be ordered out. 

Sec. 2. — Appointment of Company and Battalion of Officers by Superin- 
tendent. 

The superintendent of the Military Institute shall have 
power to divide the students of the institute into companies 
and battalions and to appoint company and battalion officers 
and non-commissioned officers, who shall hold their offices 
at the pleasure of the superintendent. Commissions shall be 
issued by the superintendent to company and battalion officers 
to be known as cadet commissions, which shall be signed by 
the superintendent and commandant of cadets, and a record- 
kept of the same by the commandant showing the date of all 
such commissions, and the expiration of the same and for 
what cause. The superintendent shall have power to pre- 
scribe the number and rank and duties of cadets, and non- 
CQinTuissioned officers, comforming so far as practicable to the 
laws governing the national guard of the territory. 

Sec. 3. — Regarding Quartermaster's Stores. 

It shall be the duty of the superintendent to provide a' 
safe and convenient place for the keeping and preservation of 
all ordnance and quartermaster's stores received from the 
territory for the use of the institution, and on or before the- 
thirty-first day of December in each year he shall make a re- 
port to the adjutant general of the territory of all such stores 
on' hand, and in such report he shall show their condition, 
whether serviceable or unserviceable, and if any of such stores- 
should be lost or destroyed, the manner of their loss or de- 
struction. 

Sec. 4. — Annua! Inspection. 

The governor and commander-in-chief shall cause the- 
adjutant general to make an annual inspection of the disci- 
pline, course of study and general management of the Mili- 



OF THE TERRITORY OF NEW MEXICO. 139 

tary Institute, a report of which inspection shall appear in the 
annual report of the adjutant general. 

Sec. 5. — Commissions for iVieritorious Wori<. 

The two cadets of the M'ilitary Institute who shall at 
graduation have the highest standing in the graduating class 
shall receive from the g"overnor and commander-in-chief com- 
missions as second lieutenants in the National Guard of the 
territory, and be assigned to duty to fill any vacancy in that 
grade occurring in any national guard organization stationed 
in the county of their residence, without examination. 

All laws, and parts of laws in conflict herewith are re- 
pealed. 

DEAF AND DUMB SCHOOL. 
Sec. 3672. — Establisliing School. 

A school for the education of the deaf and dumb children 
resident in this territory is hereby established. 
Sec. 3673. — IVlanagement. 

The school provided for in the next preceding section. 
of this act is hereby placed under management and control of 
a committee consisting of the attorney general, auditor and 
treasurer of the territory, who shall make all necessary rules 
and regulations for the government of the same, and shall 
have power to employ teachers and fix the salary or compen- 
sation therefor, and shall fix and regulate the amount to be 
paid by each pupil ; but they may admit indigent pupils to said 
school, free of charge, in which event the territory shall pay 
therefor wdiatever said committee may allow : Provided, 
That the total sum to be paid by the territory shall at no time 
exceed the sum of one hundred dollars per month, and only in- 
digent children between the ages of eight and seventeen years 
shall be admitted free to said school. 

Sec. 3674. — Committee Autfiorized to Reduce Tuition Fee. 

On a proper showing of facts, said committee shall have 
power to make a reduction in the amount recjuired to be paid 
by any pupil, not indig'ent, where it may appear that said pu- 
pil, or its parents, cannot pay the full amount so required. 
Sec. 3675. — Committee Shall Provide Suitable Buildings. 

The committee provided for in this act shall provide, at 
the expense of the territory, suitable buildings and property,- 



140 COMPILATION OF THE SCHOOL LAWS 

either by renting the same or by purchase, and shall locate 
said school. 

Sec. 3676. — Salary, Tuition Fee, Etc. 

All payments required to be made under the provisions 
of this act, for salary, for tuition fees and support of indigent 
pupils, and for rents and property, or for anything else to 
properly carry into effect this act, shall be made out of the 
territorial treasury, on the warrant of the auditor, who is 
hereby authorized to draw the same on the order of said com- 
mittee, or a majority of its members. 

Sec. 3677. — To be a Territorial School. 

The school herein provided for shall be a territorial school 
and shall in no manner be considered a private institution. 



CHAPTER XLIL, LAWS 1899. 



NEW MEXICO ASYLUM FOR THE DEAF AND DUMB. 



Sec. 1. — Act of Feb. 24, 1887 (Chapt. 31) Recognized and Continued. 

Lands and Improvements Made. Recognized Appropriations 

Shall be Made for Its Support. 

The asylum for the education of the deaf and dumb child- 
ren resident in this territory established by the act of the Ter- 
ritorial Legislature, approved February 24, 1897, printed in 
the Session Laws of that year as Chapter XXXI, is hereby 
recognized and continued as a territorial institution to be 
hereafter known and called "The New Mexico Asylum for 
the Deaf and Dumb." 

And all of the lands, buildings and improvements pur- 
chased and erected for the benefit of the said asylum in the 
County of Santa Fe, shall inure to the benefit of the said Asy- 
lum for the Deaf and Dumb; and proper appropriations shall 
be made by the legislature for its continuance and support. 

Sec. 2. — Provides for a Board of Trustees, Two of Whom May be 

Women. Organization. Powers. . Expenses. Make 

Report. Donation by Congress. 

The said asylum shall be under the control and manage- 
ment of a board of trustees consisting of the superintendent 
of public instruction and four other competent persons, two of 
whom may be women. 



OF THE TERRITORY OF NEW MEXICO. 141 

Said four persons to be nominated by the Governor, and 
by and with the consent of the Legislative Council (,) ap- 
pointed to such position ; two of such appointees shall serve for 
a term of four years from the time of their appointment, and 
two for the term of two years from such date in the first 
instance, after which all appointees on such board shall serve 
for four years from the date of their appointment; vacancies 
occurring in said board shall be filled in the same manner as 
is provided for by law for the filling of vacancies in other pub- 
lic boards. 

The said board shall meet and organize on the second 
Monday of April after their appointment by electing from 
among their number a president and a secretary, and it shall 
make its own rules and regulations for the government of its 
meetings and the institution under its care. 

Such board shall have full power and authority to employ 
a superintendent, teachers and all other necessary employes 
to carry on the said asylum in the most efficient manner with 
the appropriations made therefor, with full power to provide 
suitable buildings, additions to existing buildings, and other- 
wise enlarging and improving the buildings and property now" 
occupied by the said asylum. 

Provided, That it shall be unlawful for any member or 
members of said board of trustees to incur any indebtedness 
or provide any improvements, repairs, or enlarge said build- 
ings, except for current expenses, unless there shall be money 
on hand in the treasury subject to be used for such purposes. 

Such board shall serve without compensation or salary, 
except that they may be refunded actual cash expended by 
them in necessarily attending the meetings of such board ; and 
the present committee in charge of such asylum shall turn 
over upon demand of such board all records, books, papers, 
deeds, contracts and other property now in its hands belonging 
or appertaining to the present asylum. 

The said board of trustees shall biennially, on the years 
when the legislative assembly of the territory meets, present 
to the Governor a full and detailed report including an item- 
ized statement of all expenditures and of all its doings and 
actions during the previous two years, with such information 
and recommendations as it may deem necessary and Advisiblc 



142 COMPILATION OF THE SCHOOL LAWS 

(advisable) for the governor and the legislature to act upon. 

The donation by Congress under this act approved June 
21, 1898, of fifty thousand acres of land for the establishment 
and maintenance of an asylumi for the deaf and dumb is here- 
by accepted by the territory for the benefit of the said 
.asylum, and the said trustees shall receive and use the same as 
other property belonging to it. 

Sec. 3. — Devoted to Deaf and Mutes. Instruction Free to Residents 

of tiie Territory. iVlay Receive Children from Other 

States and Indians. 

The Asylum hereinbefore described shall be devoted ex- 
■^clusively to the care and instruction of the deaf and mutes, 
those who are either deaf or mute, of both sexes, resident 
v^ithin the Territory of New Mexico between the ages of eight 
.and twenty-one years. 

All instruction shall be free : Provided, That deaf or 
mute children from other states or territories and Indian 
children under the control of U. S. Indian agents, may be re- 
ceived and educated in said asylum, under such rules and 
legulations as the board of trustees may prescribe; but in no 
event shall such children be admitted except upon the payment 
or guaranty of at least two hundred and twenty- five dollars 
for the school year on the basis of nine months for such year, 
and the president of such board of trustees is hereby author- 
ized to make and enter into on behalf of the said asylum all 
necessary agreements and contracts with the U. S. Govern- 
ment and the proper authorities of such other states and terri- 
tories for the reception and education of such children; and he 
is further authorized to receive and receipt for all moneys 
paid upon such account and to indorse and transfer all checks, 
vouchers or other evidences of payment made or received in 
belialf of such asylum. 

Sec. 4. — Provides for Reports of the Deaf and Mute Children in the 
Territory and for Attendance at School. Enforcement. 

It is hereby made the duty of the clerks of all school dis- 
tricts and boards of education within the Territory of New 
Mexico to report to the school superintendent of their respec- 
tive counties the names, age, sex and residence of all deaf or 
mute persons of school age residing within their respective 



OF THE TERRITORY OF NEW MEXICO. 143 



districts, together with the post office address of the parents 
cr guardians of such children, this report to be incorporated 
in the regular report from such school district at the time pro- 
vided by law ; and it shall be the duty of such school superin- 
tendent to at once send a report to the superintendent of this 
asylum including the names and addresses of all such children 
within his county. 

It shall then be the duty of the superintendent of this 
asylum to at once notify the "parents or guardians of such 
children to send the same to this asylum for proper instruc- 
tion at a time to be fixed by him. 

If the parent or guardian of any such child shall make oath 
that by reason of his poverty he is unable to suitably clothe 
such child and provide means of transportation for it from 
its home to such asylum, and the probate judge of such county 
in which the child lives shall certify that such is the fact under 
the seal of his court, then and in that case the superintendent 
of said asylum is authorized to draw a requisition upon the 
board of trustees for a sufficient amount of money to suitably 
clothe such child and pay for its transportation to this asylum, 
which requisition shall be honored by such board and such 
child shall thereupon be sent by its parents or- guardian to 
such asylum for instruction, and the provisions of Section 42, 
Chapter 25, of the Session Laws of 1891 — Section 1555, C. 
L.. 1897, in regard to compulsory attendance upon the public 
schools are hereby extended to and made applicable to attend- 
ance upon some school for the deaf and the mute, and the 
school directors of the several districts are hereby required 
and directed to enforce the same with regard to this asylum 
in the same manner as is provided by that section for enforc- 
ing attendance upon the district schools. 

Any failure on the part of any person hereinbefore men- 
tioned to comply with the duties herein provided shall be 
-deemed as a misdemeanor and punished as such. 



144 COMPILATION OF THE SCHOOL LAWS 



CHAPTER XLVI, LAWS 1899. 



An Act to enforce the building of school houses. 



Sec. 1. — Upon Petition of County Sciiool Superintendent to Submit 
the Question of Issuing Bonds to a Vote. 

That the county superintendent of schools for each coun- 
ty in this territory shall have power in cases where any school 
district in his county does not' own a school house, upon a 
petition signed by twenty residents of such school district, 
being each the head of a family and having children of school 
age in the family, to order the school directors of such school 
district to submit the question of issuing bonds of such dis- 
trict for the purpose of building a school house as provided 
for in Section 1542 of the Compiled Laws of 1897 to the 
voters of such school district, and for failure or refusal so to 
do, such superintendent shall remove any or all of such direc- 
tors from office and appoint others of his own choosing in 
their place. 

Sec. 2. — Failing to Vote Bonds, County Superintendent Shall Order- 

a Portion of the School Fund as School House 

Building Fund. 

In cases where the question of issuing such bonds has 
been or shall b'e submitted to the voters of such school district, 
and shall fail to carry, then such county superintendent of 
schools shall in writing order the county treasurer to set aside 
such portion of the school fund of such district, not less than 
one fifth thereof, yearly, for the purpose of eventually build- 
ing a school house for such district, and such fund shall be 
kept for such purpose only, and such superintendent shall, 
v/hen in his opinion such fund is sufficiently large for the 
purpose, order the school directors of such district to build 
such school house, he to approve the contract therefor. 

Sec. 3. — Any Person Failing to Perform Duties Required, Guilty or 
Misdemeanor. Penalty. Superintendent of Public 
Instruction to Enforce this Act. 

Any person failing to perform the duties required of 



or THE TERRITORY OF NEW MEXICO. 145 

them by this act shall be guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine of not less than 
one hundred dollars, or more than five hundred dollars; and 
it is hereby made the duty of the territorial superintendent 
of education or of public instruction to see that this act is 
strictly enforced, and to make all proper complaints for viola- 
tion thereof; and it is further made the duty of all district 
attorneys to vigorously prosecute the same. 



146 COMPILATION OF THE SCHOOL LAWS 



Extracts From Session Laws 

899. 



CHAPTER LVIII. 



Sec. 13. — Every County and Municipal Corporation Authorized and 

Required to Compromise and Refundi its Matured and 

Maturing Indebtedness and to Isssue Bonds, Etc. 

Every county, cit}^, town, village, and school district with- 
in this territory is hereby auth.-.,i^cd and required to com- 
promise and refund its mature.. : ..d maturing indebtedness, 
evidenced by outstanding bonds, interest coupons, judgments 
or other lawful, outstanding indebtedness, hereinafter men- 
tioned, wherever the holders and OAvners thereof shall con- 
sent thereto, and to issue new bonds as provided in this act, 
in payment or exchange at par for any sum so compromised 
or refunded in the manner hereinafter provided. 

Sec. 26. — Issuing Refunding Bond«, School Districts or Boards of 

Education. 

Any board of directors of any school district or board of 
education in towns, villages or cities within this territory are 
hereby authorized to refund the outstanding bonded indebted- 
ness of such school districts in the same manner and under 



OF THE TERRITORY OF NEW MEXICO. 147 

the same conditions as hereinbefore provided for the refund- 
ing of outstanding bonded indebtedness of other municipali- 
ties ; and all bonds and interest coupons issued by such school 
districts in exchange for outstanding bonds shall be signed 
by the board of directors or board of education of such school 
districts and attested by the clerk of said boards, and such 
old bonds so redeemed shall be destroyed and a record of such 
destruction made by such board of directors of education, and 
witnessed and attested to by the probate judge of the county 
wherein such school district is situated. 

Note — For form of bonds, etc., see Chapter LVIII, Laws 
1899. 



CHAPTER LXXIV., LAWS 1899. 



REGARDING DISPOSITION OF FUNDS ARISING FROM THE LEAS- 
ING OF PUBLIC LANDS. 



Sec. 7. — Commissioner Slialj Keep Separate Accounts of all Moneys 
Received for Respective Funds Named. 

That the commissioner of public lands shall keep separ- 
ate accounts of all moneys received from lands reserved for 
comimon schools, a university, an agricultural college, a school 
of mines, normal schools, a military institute, a reform school. 
an institution for the blind, an asylum for the uc-af and duuib, 
permanent water reservoirs for irrigating p. .j^j^obgs, improve- 
ment of the Rio Grande, an asylum for the insane, a miners' 
hospital for disabled miners, public buildin^. •.' the, Capitol, 
territorial penitentiary, the Territory of New Mexico, or for 
any other purpose; and the said moneys shall be turned over to 
the territorial treasurer on the first clay of each month to the 
credit of the several funds respectively entitled to receive the 
same. 

Sec. 29. — Income Derlvedi Turned Over to Territorial Treasurer, for 
Use of Institutions of Object for Whicii Granted., 

That the income derived from leasing of said lands or 
from; the investment or loaning of the funds belonging to 
any of the institutions or objects mentioned in this act shall be 



148 COMPILATIOlf OF THE SCHOOL LAWS 

turned over to the territorial treasurer, as provided for in 
this act, to the sole credit, and for the sole use, establishment 
and maintenance of that particular institution or object for 
which the said lands or funds v^ere granted or set apart. And 
said income derived from leasing, investment or loaning, in 
excess of actual expenses necessarily incurred in connection; 
vi^ith the execution thereof, and so turned over to the credit 
of any particular institution or object, shall be paid out to 
said institutions or object, according to the provisions 
for paying public moneys to such institutions or objects : 
Provided, That the territorial treasurer shall, quarterly, on 
or before the first Monday of March, June, September and 
December, make a complete exhibit of all moneys applicable 
to the use and support of the common schools of the territory, 
and shall deliver the same, duly certified, to the Territorial 
superintendent of public instruction ; and within twenty days 
thereafter the territorial superintendent shall make the ap- 
portionment of said moneys to the various counties according 
to the pro rate enumeration of school children in each county 
last returned from the county superintendent, and shall cer- 
tify the apportionment of each county to the territorial treas- 
urer and territorial auditor and to the treasurer and super- 
intendent of each county, and the territorial auditor shall draw 
his order on the territorial treasurer in favor of the treasurer 
of each county for the amount proportioned to the county ; and 
said moneys so apportioned shall be apportioned and distri- 
Inited in said county according to the provisions governing 
the apportionment and distribution of other territorial funds. 
Sec. 30. — Occupation and Improvement of School Sections as Amend- 
ed by Chapter 90, Laws 1905. 
That whenever any school section, that is, Section i6 
and 36, or any other portion of the public domain, which may 
be selected or segregated for the purposes of this act, is occu- 
pied by any person or persons, such person or persons having 
made improvements thereon, such person or persons shall' 
have the preference right, to lease such section or part thereof, 
so occupied and improved, and if any such person or persons 
is, or are an ex-soldier of the civil war, his widow, heir or 
heirs, and may heretofore have cultivated, or improved said 
lands, such ex-soldier, his widow, heir or heirs, shall have the 
preference right to lease such sections, or the whole or any 



OF THE TERRITORY OF NEW MEXICO. 149 

part of which he, she or they may have cultivated and im- 
proved, whether such ex-soldier, his widow, heir or heirs, shall 
have actually lived upon such land or not. And when the 
same may be sold or offered for sale, such person or persons 
shall have the preference right of purchase thereof : Provided, 
A claim for such right shall be filed with the commissioner 
of public lands within thirty days of the approval by the sec- 
retary of the interior of the selection of the said land, or with- 
in ninety days after the approval of this act, in case of school 
section: And Provided, further, Whenever any school section, 
or part thereof, or any portion of the public domain which may 
be selected and segregated for the purpose of this act, and 
which may be occupied or used as a cemetery or burial ground 
by any person or persons, or community, shall have the pre- 
ference right to purchase the same at one dollar and twenty- 
five cents per acre, and said section or parts thereof so used, 
shall not be leased under the provisions of this act, except for 
cemetery purposes for the person or community occupying the 
same for such purpose. 



150 COMPILATION OF THE SCHOOL LAWS 



Extracts Prom Laws 1901. 



CHAPTER III. 



An Act for the protection of minors and pupils in 
SCHOOLS. C. B. No. I ; Approved February 18, 1901. 



Sec. 1. — Unlawful to Sell or Give Intoxicating Liquors or Tobacco to 
Minors or Pupils in Educational Institutions. 

That it shall be unlawful for any person to sell or give to 
any minor under the age of eighteen years, or to any pupil 
of any school or educational institution within this territory 
any intoxicating liquor or any cigars, cigarettes, or tobacco in 
any form, except upon the written consent of the parent or 
guardian of such minor or pupil. 

Sec. 2. — Minors and Pupils not Permitted to Engage in Games of Any 

Kind in Establishments Where Intoxicating Liquors 

or Tobacco Are Offered for Sale. 

It shall be unlawful for any merchant, apothecary, saloon- 
keeper, or the proprietor or manager of any other establish- 
ment in which intoxicating liquors or tobacco in any form 
are kept or offered for sale, to permit any minor under the 
age of eighteen years or pupil in any school or educational 
institution to engage in any play, or game of chance with 
cards, dice, wheels, or by the manipulation of any machine or 



OF THE TERRITORY OF NEW MEXICO. l51 

device by means of which money or any commodity or pro- 
perty may be hazarded, won or lost, acquired or transferred. 

Sec. 3. — Minors and Pupils Not to Loiter About Nor Frequent Saloons 
Nor Gambling Places. 

It shall be unlawful for any proprietor, keeper or man- 
ager of any saloon where intoxicating licjuor is kept or offered 
for sale, or where gambling in any form is carried on or per- 
mitted, to permit any minor under the age of twenty-one years 
or any pupil in any school or educational institution to loiter 
upon or frequent the premises belonging to such saloon, or to 
engage in games or amusements of any kind thereon. 

Sec 4. — Printed Copy of Laws to be Kept Posted. 

Every person maintaining an establishment where in- 
toxicating liquor or tobacco in any form are kept or offered 
for sale is required to keep posted in a conspicuous place with- 
in his place of business a printed copy of this law, and it shall 
be unlawful for any such person to carry on his business with- 
out having such copy at all times posted as aforesaid. 

Sec. 5. — Penalty for Violation of Act. 

(As amended. Laws 1903.) Any person violating the 
provisions of the foregoing- sections of this act, or any of them, 
shall upon conviction be punished for each offense by a fine 
-not less than twenty-five nor more than one hundred dollars, 
or by imprisonment not less than thirt}^ days nor more than 
three months, or both, at the discretion of the court trying 
the cause; and the moneys accruing from such fines shall be 
covered into the general school fund of the county in which 
the offense occurs. And it is hereby made the duty of the 
county superintendent of schools to prosecute before justices 
of the peace all persons, firms or corporations violating Sec- 
tion 4 of this act. 

Sec. 6. — Penalty for Violation of This Act. 

Any person who shall have been convicted of violating 
the fourth section of this act, or who shall have been twice 
convicted of violating any other section of this act, shall, in 
addition to the penalties otherwise in this act prescribed, for- 
feit his license and right to do business of the nature herein- 
before mentioned within the countv in which the offense was 



152 COMPILATION OF THE SCHOOL LAWS 

committed for the period of one year, and the doing of such 
business by such person within such county during said per- 
iod after such conviction shall be punishable as prescribed in 
section five of this act. 

Sec. 7. The word '"person," as used in this act, shall be 
deemed to mean firm or corporation, as well as natural person, 
and the person managing the business of such firm or corpo- 
ration shall be liable to the penalties prescribed by this act. 
And the proprietor or owner of any of the establishments men- 
tioned in this act shall be liable to the penalties prescribed by 
this act for any violation of its provisions within or at their 
establishmtents, whether committed by themselves or by per- 
sons in their employ. 

Sec. 8. All acts and parts of acts in conflict with the 
provisions of this act are repealed, and this act shall be in 
force from and after its passage. 



CHAPTER XVII., LAWS 1901. 



sec. 26. — School Superintendents to Enforce Vaccination, Penalty for 
Refusal of Parents. Provision of Section Applicable to 

Incorporated Cities and Towns, and Boards of 
Education. 

It shall be the duty of the school superintendent of each 
county to see that all children in his county, of school age, 
are vaccinated against smallpox, and to that end every 
teacher of a public school shall see that the children in his dis- 
trict are successfully vaccinated or have been vaccinated with- 
in one year previous, and it shall be unlawful for any child 
to attend school, or for any teacher to allow such child within 
any school house unless so vaccinated, or showing proper certi- 
ficate that it has been vaccinated; such teacher shall make 
report of the number of children whom they have caused to 
be vaccinated, and those who have presented certificates that 
they have been vaccinated to the county school superintendent 
at the beginning of the school year and as often thereafter as 
they may deem necessary, together with the report of the 
names of any parents who refuse to allow their children to be 
vaccinated, and any person who shall so refuse or neglect to 



OF THE TERRITORY OF NEW MEXICO. 153 

have his or her children vaccinated in accordance with the 
law, shall be deemed guilty of a misdemeanor, and upon a re- 
port to that effect by the county superintendent, it shall be 
the duty of the sheriff or any constable whom he may desig- 
nate, to arrest such person, and upon being convicted he shall 
be fined not less than ten dollars nor more than one hundred 
dollars, or imprisoned in the county jail not exceeding one 
hundred days, and the fine so imposed shall go to and be a 
part of the school fund' of the district in which such offender 
lives. These provisions shall apply to children and parents 
in incorporated cities and towns, and the duties heretofore 
imposed upon county school superintendents are hereby made 
applicable to boards of education therein. 

Sec. 27. — Providing for the Payment of Vaccination. 
The vaccination provided for in the previous section shall 
be by the health officer, appointed by the board of county 
commissioners or by some competent person selected by the 
tchool directors of the district or the board of education in the 
city or town, and shall be paid for by the parents of such 
children where they are able to do so, but in case of their in- 
ability by reason of poverty, the same shall be paid for by the 
board of education or school directors of the several districts, 
out of the school fund. 



CHAPTER XXVIL, LAWS 1901. 



Sec. 3. — Special Teachers' Institutes May be Held. Municipal Boards 
May Levy Taxes. 

In addition to the privileges, powers and duties of boards 
-of education heretofore prescribed by law, the power is hereby 
granted to boards of education for districts consisting of in- 
corporated cities or towns to employ a city or district super- 
intendent, who in conjunction with the board of education, 
shall be authorized to hold special teachers' institutes for the 
instruction of teachers ; and they shall also have power to levy 
a tax for the support of the schools of the district, not ex- 
ceeding in any one year seven and one-half mills on the dollar 
on all taxable property within the district, for school purposes ; 
said levy to be made, approved, certified, and collected as here- 
tofore provided by law. 



/154 COMPILATION OF THE SCHOOL LAWS 

Sec. 6. — Chapter 27 of the acts of the thirty-fourth 
legislative assembly, is hereby repealed, to take effect January 
I, 1907, and the provisions thereof shall wot apply or be ex- 
tended to any county in the territory not designated as a 
county of the first class at the time said section became a law. 

See Chapter 117, Laws 1905. 



CHAPTER XLIII. 



An Act for the protection of children and others at- 
tending THE public schools OR OTHER EDUCATIONAL 
institutions in THE TERRITORY OF NEW MEXICO. C. 

B. No. 50; Approved March 18, 1901. 



Sec. 1.-^Persons Afflicted With Tuberculosis Not to be Employed as 

Teachers. 

No person shall be employed as a school teacher, instruc- 
tor or professor in any public school or other educational in- 
stitutions in the Territory of New M'exico supported in whole 
or in part by revenues derived from taxes paid into the pub 
lie treasury by the taxpayers of this territory who shall be 
afflicted with the disease called tuberculosis, commonly known 
as consumption, in a transmissable form. 

Sec. 2-3. — Certification of Good Health Required. 

Before any person shall be employed as a school teacher, 
instructor or professor in any public school or other educa- 
tional institution of this territory he shall file with the gov- 
erning authorities of the school district, board of education, 
board of regents, or other g-overning educational body of any 
university or college, a certificate from a regular physician, 
who shall be named by the president of the territorial board 
of health, that the said person is not at the time of the exami- 
nation to be made by said physician afflicted with the said dis- 
ease called tuberculosis, commonly known as consumption as- 
hereinbefore defined. 



OF THE TERRITORY OF NEW MEXICO. 155 

Sec. ,3. Any and all persons now employed as school 
teachers, instructors or professors in any public school or 
ether educational institution in this territory shall, within 
thirty days from and after the passage and approval of this 
act, obtain and present to the governing authorities of the 
school district, board of education, board of regents or other 
governing educational body of any university or college, in 
which such person shall be employed, a certificate from a 
regular physician so to be named by the president of the terri- 
torial board of health that the said person is not at the time 
of the examination, to be made within said thirty days by 
said physician, afflicted with the said disease called tuber- 
culosis, commonly known as consumption, as hereinbefore de- 
fined, and any such person failing to obtain and file the said 
certificate as herein provided within the time herein specified 
shall be forthwith discharged as such school teacher, instructor 
or professor by the authorities provided by law for the em- 
ployment and release and discharge of persons employed as 
school teachers, instructors or professors in the public schools 
or other educational institutions of this territory. 

Sec. 4. — Fee for Certificate. 

For the making of the examination provided for in this 
act and for the making of the certificate hereby provided for, 
the physician making the same shall charge a fee of two dol- 
lars and no more. 

Sec. 5. — Complaint iViay be Filed. Teacliers IVlay be Discharged. 

If at any time there shall be lodged with the governing- 
authorities of any school district, board of education, board 
of regents or other governing educational body, a complaint 
signed b}^ any taxpayer of this territory, setting forth that in 
his opinion any school teacher, instructor or professor is af- 
flicted with the disease known as tuberculosis, commonly 
called consumption, as hereinbefore defined, such governing 
authorities, beard of education, board of regents or other edu- 



156 COMPILATION OF THE SCHOOL LAWS 

cational body shall forthwith require such persons so claimed 
,to be afflicted with tuberculosis to submit to an examination 
b> a physician to be named by the president of the territorial 
board of health, and unless such person shall wathin ten days 
thereafter file with the school authorities a certificate from 
such physician that he is not afflicted with the disease com- 
monly known as tuberculosis or consumption, such person 
shall be forthwith discharged from employment as such teach- 
er, instructor or professor, and no warrant or order for any 
salary or wages to any such person shall be paid by any school 
or other treasurer until such certificate shall have been ob- 
tained and filed as provided for in this section. 

Sec. 6. — Penalty for Failure of Officials to Discharge Their Duties. 

Any person holding any office, administrative or other- 
wise, connected with the public schools or educational institu- 
tions of this territory or any county, city or other municipal- 
ity thereof, who shall refuse to perform or neglect to perform 
the duties prescribed for him. by the provisions of this act 
shall, upon complaint duly filed w4th the governor of this terri- 
tory and duly substantiated to the satisfaction of said gov- 
ernor, be forthwith removed from office by the governor. 

Sec. 7. This act shall take effect and be in force from 
and after the passage thereof. 

Note — See Chapter 92, Laws 1903, here following. 



CHAPTER XCII, LAWS 1903. 



An Act to amend chapter 43, of the session laws of 
NEW MEXICO OF 1901, All Act entitled ''An Act for the 
protection of school children and for other purposes." 



.Sec. 1. — Applicants for Teachers' Certificates Found to be Afflicted 

With Tuberculosis. Duty of Examining Physician and 

Superintendent of Public Instruction. Applicants 

to Have Right of Appeal to Board of Health. 

That whenever in this act jthe phrase or expression 
"physician appointed by the president of the New Mexico 
■"Board of Health" occurs, the same is hereby stricken out 



OF THE TERRITORY OF IfEW MEXICO. 157 

and the following inserted in lieu thereof : "Any reputable phy- 
sician, who is a resident of New Miexico and has a license to 
practice medicine in New Mexico and who is not himself af- 
flicted with the disease." 

Whenever such physician shall find the applicant to be af- 
flicted with tuberculosis, or what is commonly known as con- 
sumption, it shall be his duty to at once notify the superin- 
tendent of public instruction of New Mexico, giving the name, 
age and sex of applicant, together with the date of examina- 
tion, and a general statement of the case. Whereupon it. 
shall be the duty of said superintendent to at once notify the 
school superintendents of each county in New Mexico of the 
information he has received. And in case any applicant so 
examined shall feel aggrieved he may take appeal to the New 
Mexico board of health and present himself for examination, 
and it shall be the duty of said board of health to thoroughly 
examine such person, and the result and decision of said board 
shall be final, and such decision shall be certified by it to the 
superintendent of public instruction of New Mexico, who shall 
thereupon notify the different school superintendents of each 
county. 

Sec. 2. — Right of Appeal to Board of Health Only. Violation of this 
Provision. Penalty. 

No person who has been examined by a physician under 
this act or of the act of which it is amendatory, and has been 
rejected by such physician shall apply to any other physician 
for examination or certificate, but he shall have right of ap- 
peal to the board of health of New Mexico. And if any per- 
soil shall apply to any other physician in violation of this act, 
he shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be fined in any sum not to exceed one hundred' 
dollars ($100.00) and shall not be eligible as a school teacher 
in any county of New Mexico. The fine hereby imposed shall 
be collected and paid over to the territorial school fund. 

Sec. 3. All acts and parts of acts in conflict are hereby 
repealed, and this act shall be in force thirty days after its 
passage. 



158 COMPILATION OF THE SCHOOL LAWS 



CHAPTER LV. 



An Act to regulate the election of directors of 
SCHOOLS, Approved March 19, 1901. 



Sec. 1. — Term of Office of Directors. 

That at the next ensuing election of directors of schools 
in the several districts of the counties of this territory one of 
the three of such directors shall be elected and shall hold his 
office for a term of three years, one of such three directors 
shall be elected and shall hold his office for a term of two 
years, and the third of such directors shall be elected and 
hold his office for a term of one year. 

Sec. 2. — But One Director to be Voted For. 

At each election after the next ensuing election of such 
directors, but one of such directors shall be voted for, and he 
shall be elected and hold his office for a term of three years 
from the first day of July thereafter. 

Sec. 3. All acts and parts of acts in conflict with the pro- 
visions of this act are repealed, and this act shall take effect 
and be in force from and after the date of its passage. 



CHAPTER LVII. 



An Act relative to the payment of school teachers, 
Approved March 19, 1901. 

Sec. 1. — School Teachers to be Paid Monthly. 

That hereafter all public school teachers engaged in teach- 
ing within incorporated cities, towns and villages^, as w^ell as 
in any other public schools in the Territory of New Mexico 
shall be paid monthly instead of quarterly, as now provided 
by law, unless there are no funds available, in which event 
they shall be paid so soon as the funds are available therefor. 

Sec. 2. All laws or parts of laws in conflict herewith 
are hereby repealed, and this law shall be in full force and ef- 
fect from and after its passage and approval. 



OF THE TERRITORY OF NEW MEXICO. 159 



CHAPTER XCV. 



An Act to amend section eight (8) of chapter twen- 
ty-two (22) OF the session laws of 1899, Approved 
March 21, 1901. 

Sec. I. That section eight (8) of Chapter Twenty- 
two (22) of the Session Laws of 1899 be amended so as to 
read as follows : 

Sec. 8. — Exemptions from Taxation. Amount. 

That section 1757 of the Compiled Laws of 1897 is here- 
by repealed, and in lieu and stead thereof is enacted the fol- 
lowing" : 

That there shall be exempt from taxation for territorial, 
county and school purposes a family homestead, actually own- 
ed, occupied and used as such by the head of the family re- 
siding in this territory, to the amount in value of two hundred 
dollars : Provided, That any person making claim for exemp- 
tion must list the property for taxation, and before any such ex- 
emption shall be granted the claimant must make oath before 
the assessor as to the true market value of such property, and 
further swear that he is the head of a family, residing in this 
territory: Provided, That any head of a family claiming the 
benefits of this section who shall in any manner assign, trans- 
fer or set over any part or portion of his homestead for the 
purpose of distributing its value between or among different 
persons, being heads of families, so that said homestead, or 
any portion thereof, shall be below the sum of two hundred 
dollars in value, and so that more than one homestead exemp- 
tion may be claimed in such homestead, such person shall not 
receive the benefits of said exemption, but the whole of such 
homestead shall be assessed at double its actual value, and he 
shall be com.pelled to pay taxation thereon without the bene- 
fits of any exemption thereon : Provided further, That in 
the event that any head of a family residing in this territory 
should not be the owner of a homestead, or the value of whose 
homestead does not amount to the sum of two hundred dollars, 
then such person shall be entitled to an exemption in the sum 
sufficient to make the total value of his exempt property two 



160 COMPILATION OP THE SCHOOL LAWS 

hundred dollars, which said exemption shall be allowed only 
out of the following classes of property to-wit : real estate other 
than a homestead which the said head of family owns or is- 
possessed of in the county wherein he resides and has his domi- 
cile; farming implements, wagons, one team, either of horses, 
mules, burros, or one yoke of oxen, or one milch cow, or he 
may have such exemption, in the absence of such personal 
property, out of goats or household or kitchen furniture. 

Sec. 2. This act shall be in force and effect from and. 
after its passage. 



CHAPTER XCVIII. 



An Act requiring territorial institutions to accoumt 
FOR PUBLIC MONEY RECEIVED BY THEM, Approved March 

21, I9OI. 



Sec. 1. — Records and Itemized Accounts to be Kept. Itemized Ac- 
counts to Accompany Requisition for Money. 

The boards of managers of the different territorial in- 
stitutions, under whatsoever name they may be legally desig- 
nated, are hereby directed and required to keep in suitable 
books of record a strict account of all moneys received by them. 
from the territory, and also itemized accounts of the disburse- 
ment of the same. They shall require all bills against such in- 
stitutions to be made out in duplicate, and all salaries or other 
expenditures except for bills and current expenses shall be 
receipted for in duplicate, one of such bills or receipts to be 
kept by the said board of managers with the other papers and 
property of the institution, and the other to accompany all 
requisitions upon the auditor of the territory for warrants, 
and no warrant shall be drawn by the auditor for any amount 
in favor of any such institution unless the requisition therefor 
is accompanied with such itemized receipts for the money ex- 
pended after the last requisition. 

Sec. 2. — Accounts of Charitable institutions. 

The persons in charge of each charitable or other insti- 
tution which receives territorial aid, shall make their requisi- 
tions upon the auditor in the same manner as is provided for 



OF THE TERRITORY OF NEW MEXICO. 161 

territorial institutions in section one of this act, and shall keep 
books and furnish itemized duplicate receipts for all moneys 
received and paid out, in the same manner. 

Sec, 3. — [Detailed Statement of Receipts and Disbursements. Penalty. 

It is hereby made the duty of the several boards of man- 
agers of territorial, charitable or other institutions which re- 
ceive any money from the territorial treasury, at the end of 
each fiscal year to make out an itemized and detailed state- 
ment of all receipts and disbursements of such institution up 
to and including the last day of said fiscal year, which shall be 
sworn to as correct by the secretary, treasurer or other account- 
ing officer of such institution who draws and receives the 
territorial funds, and shall be transmitted to the governor of 
the territory within the first thirty days of the new fiscal year ; 
and any failure on the part of any person or officer to per- 
form the duties herein specified shall subject such person to 
removal from his position, and in case he is a bonded officer 
it shall be considered as a breach of his bond and be a misde- 
meanor in office, for which he may be fined in any sum' not ex- 
ceeding five hundred nor less than one hundred dollars, which 
shall be recovered from him and the sureties on his bond as a. 
penalty. 

Sec. 4.— List of Pupils Enrolled to be Transmitted to Governor, 

The governing boards of the several educational institu- 
tions of this territory shall at the same time when the annual 
financial statement required by Section 3 of this act is to be 
made, also niake and transmit to the governor a list of the 
pupils enrolled in such institution on the last day of the pre- 
ceding fiscal year, stating the name, age, residence and grade' 
of each pupil. 

Sec. 5. All acts and parts of acts in conflict herewith' 
are hereby repealed; and this act shall take effect and be in 
force from and after its passage. 



162 COMPILATION OF THE SCHOOL LAWS 



CHAPTER cm. 



An Act to provide for the refunding of bonds issued 
by cities or towns for school purposes^ or to fur- 
nish school houses, and to validate such bonds, 
Approved March 21, 1901. 



Sec. 1. — Bonds Issued for School Purposes Validated and Legalized. 

Be it enacted by the Legislative Assembly of the Terri- 
tory of New Mexico, as follows : 

In all cases where any of the cities or towns within the 
Territory of New Mexico have heretofore issued bonds for the 
purpose of raising funds wherewith to purchase grounds for 
school buildings and school purposes, or with which to con- 
struct a school house or school houses, or with which to fur- 
nish school houses, and the proceeds of such bonds have been 
actually used for such purpose, or for any of them, such bonds 
are hereby validated and legalized. 

Sec. 2. — Cities and Towns May Refund Outstanding Bonds. 

In all cases mentioned in the foregoing section, where 
any such bonds have been isssued, the city or town issuing 
the same, or the successor of such city or town, is hereby 
authorized and empowered to refund such bonds as may be 
outstanding, par for par, at a rate of interest not exceeding 
five per cent, and running for a period of not less than ten 
or more than forty 3'-ears. 

Sec. 3. — Manner of Issuing Such Refunding Bonds. 

Whenever the city council of any city, or the board of 
trustees of any town in this territory shall determine to re- 
fund any of the bonds in this act mentioned, such council 
or board of trustees, shall make and enter of record in their 
proceedings a general description of the bonds to be refunded, 
giving the date and amount of such issue, also an order to 
the effect that such bonds be refunded, stating the interest 
such refunding bonds are to bear, and the time they are to 
run; and when the bonds are refunded the refunding bonds 
shall bear a certificate, stating that they are issued under the 
authority of this act, that they are such bonds as may be prop- 
erly refunded under this act, which certificate shall be signed 
by the mayor and countersigned by the clerk, and attested by 



OF THE TERRITORY OF NEW MEXICO. 163 

the seal of the m,unicipality issuing such refunding bonds. 
A record shall be made by the municipality refunding such 
bonds showing the number and amount of the refunding bonds 
issued, to whom issued or sold, the time when payable and 
the rate of interest. 

Sec. 4. This act shall be in force and effect from and 
after its passage. 



164 COMPILATION OF THE SCHOOL LAWS 



Extracts From Session Laws 

1903. 



CHAPTER II. 



An Act to establish and maintain an asylum for the: 
deaf and dumb, a reform school, an institution 
for the blind, and a miners' hospital for disabled 
MINORS, Approved February 13, 1903. 



Sec. 1. — "New Mexico Asylum for the Deaf and Dumb" Created. 

Location. 

That there is hereby created and established an asylum- 
for the deaf and dumb, to be known as the "New Mexico Asy- 
lum for the Deaf and Dumb," which is hereby established 
and permanently located at the city of Santa Fe, in the county 
of Santa Fe and Territory of New Mexico. 

Sec. 2. — "New IVlexico Reform School" Created. Location. Donation^ 

of Land. 

That there is also hereby located and established a terri- 
torial institution, to be known and called the "New Mexico 
Reform School," which is hereby located somewhere within 
the counties of Taos, Rio Arriba; or San Juan, upon a tract 
of land of not less than twenty acres, suitable for the purposes 
of such institution, to be donated and conve5^ed free of cost 
to the Territory of New Mexico, the title of which shall be 
examined and passed upon by the solicitor general, and pro- 
per conveyances thereof made within six months from the 
passage of this act, such tract of land to be selected by three 
commissioners appointed by the governor for that purpose as- 
hereinafter provided. 



OF THE TERRITORY OF NEW MEXICO, 165 

Sec, 3. — "New Mexico Institute for the Blind" Created. Location. 
Donation of Land. 

That there is also hereby created and estabhshed an in- 
stitution of learning to be known as the "New Mexico Insti- 
tute for the Blind," which is hereby located and established 
in the county of Otero, in the Territory of New Mexico, at 
the town of Alamogordo, in said county, upon a tract ot land 
suitable for the purposes of such institution, consisting of not 
less than twenty acres, to be donated and conveyed, free of 
cost, to the Territory of New Mexico, the title to which shall 
be examined and passed upon by the solicitor general, and 
proper conveyances thereof made within six months from the 
passage of this act, such tract of land to be selected by three 
commissioners, to be appointed by the governor for that pur- 
pose as hereinafter provided. 

Sec. 5. — Acceptance of Grant of Lands. 

That act of Congress, approved June 21st, 1898, entitled. 
An act to make certain grants of land to the Territory of New 
Mexico, and for other purposes, is hereby accepted with all its 
terms and conditions, by the Territory of New Mtexico, in so 
far as the same apply to the above named institutions ; and no 
improvements or buildings shall be made or created upon any 
of such lands as are hereinbefore provided for until proper 
deeds therefor, duly approved by the solicitor general, have 
been executed and recorded in the proper county and filed in 
the office of the secretary of the Territory. 

Sec. 6. — Boards of Trustees. Qualifications. Appointment. Term 
of Office. Organization. Secretary and Treasurer to File Bond. 

The management and control of each of said institutions 
above established, the care and preservation of all property of 
v/hich they shall become possessed, the erection and construc- 
tion of all buildings necessary for their use, and the disburse- 
ment and expenditure of all moneys appropriated by the Terri- 
tory of New Mexico, or which shall otherwise come into their 
possession, shall be vested in a board of five trustees, one of 
such boards for each of said institutions ; and each of said trus- 
tees shall be qualified voters and owners of real estate in the 
Territory of New Mexico. Said trustees shall possess the 
same qualifications, shall be appointed in the same manner, 
and their terms of office shall be the same and the vacancies 
therein shall be filled in the same manner as is now provided 



166 COMPILATION OF THE SCHOOL LAWS 

by law with reference to the regents of the Territorial Univer- 
sity at Albuquerque, New Mexico. Said trustees and their 
successors in office shall constitute a body corporate under the 
name and style of "The Trustees of the New Mexico Asylum 
for the Deaf and Dumb," "The Trustees of the New Mexico 
Reform School," "The Trustees of the New Mexico Institute 
for the Blind," and "The Trustees of the Miners' Hospital of 
New Mexico," respectively, with the right as such of suingand 
being sued, of contracting and being contracted with, of mak- 
ing and using a common seal and altering the same at pleasure,, 
and of causing all things to be done necessary to carry out the 
provisions of this act. A majority of such board of trustees 
of any of the above institutions shall constitute a quorum for 
the transaction of business, but a less number may adjourn 
from time to time. Said trustees shall be respectively appoint- 
ed by the governor of the Territory of New Mexico, within 
thirty days after he shall be notified by the secretary of the 
territory that the deeds for each of the above named institu- 
tions have been filed in his office; and it shall be the duty 
of each of said boards of trustees to meet and organize by 
electing its officers at the county seat of the county wherein 
the said institutions are located, within thirty days after their 
appointment, which officers shall be elected in the same man- 
ner and possess the same qualifications as the officers of the 
University of New Mexico now possess; and the secretary 
and treasurer, respectively, of each of such institutions located 
as aforesaid, shall each give bond in the sum of ten thousand 
dollars ($10,000) to the Territory of New M'exico, with two 
or more sufficient sureties resident of this territory, or by duly 
authorized surety company, conditioned for the faithful per- 
formance of their duties, and that they will faithfully account 
for and pay over to the person or persons entitled thereto, at 
the time and in the manner provided by law, or pursuant to 
contract, all moneys which shall come into their hands as such 
officers, which bond shall be approved by the judge of the 
district court within whose district the said institution is lo- 
cated, and after approval shall be filed and recorded in the 
office of the territorial secretary. The governor of the terri- 
tory shall be ex-officio a member of each of the boards of 
trustees, but shall not have the right to vote or be eligible to 
office. 



OF THE TERRITORY OF NEW MEXICO. 167 

Sec. 7. — Powers of Boards of Trustees. 

The boards of trustees of each of said institutions shah 
have power, and it shall be their duty, to pass and enforce by- 
laws, rules and regulations for the government of such insti- 
tutions, for the proper carrying out of their several objects, 
not in conflict Avith the laws of the Territory of New Mexico, 
or any act of Congress, and to provide all proper and neces- 
sary books, apparatus, instruments, medicines, clothing, food 
and supplies, and other materials or things necessary for the 
proper conduct of the several institutions hereinbefore named 
and the care, support and protection of the inmates thereof 
when necessary ; also to employ all teachers, physicians, ward- 
ens or superintendents and employes, and to prescribe the 
duties and compensation of each, and they shall have full 
power to remove or discharge any officer or employe appoint- 
ed or selected by them in any of such institutions when in 
their judgment the interest of such institution shall require. 

Sec. 8. — Institutes for the Blind. Purpose. Rules of Admission. 

The institute for the blind herein established and created 
is intended and meant for the proper instruction of the blind 
youth of the territory, and all such persons resident in 
the territory between the ages of five and twenty-one years 
shall be entitled, upon application to the board of trustees, to 
free care and support and instruction at such institution; ex- 
cept in cases where such pupil or the parents or guardian 
thereof is possessed of property or means sufficient to enable 
himi to pay the reasonable costs and charges ' incurred by his 
attendance at such institution, in which case he shall pay there- 
for. 

Sec. 10. — Reform School. Whom to be Confined Therein. Duty of 
Courts. Terms of Confinement. 

The reform school hereby created and established is in- 
tended and meant for the confinement, instruction and reform- 
ation of juvenile offenders against the laws of the Territory 
of New Mexico, and any persons of idle, vicious or vagrant 
habits of both sexes in the Territory of New Mexico, under 
the age of eighteen years, who m:ay be convicted of any offense 
less than a felony punishable by imprisonment in the peniten- 
tiary for the term of life, and it shall be the duty of the court 
upon such conviction, when it is shown to the court that the 



168 COMPILATION OF THE SCHOOL LAWS 



person convicted is under the age of eighteen years, to order 
the sentence to be executed by confinement in such reform 
school, instead of in the penitentiary, after such school shall be 
fully equipped and prepared to receive, confine and care for 
such offenders, which time' shall be designated by proclama- 
tion of the governor of the Territory of New Mexico, and 
thirty days after such proclamation is issued and published 
ic shall be the duty of all courts in the Territory of New Mex- 
ico to incarcerate offenders as aforesaid in the reform school 
instead of the penitentiary in passing sentence upon such of- 
fenders; and upon complaint under oath being made to any 
judge- of the district court that any person of either sex under 
the age of eighteen years is of idle, vicious and vagrant habits, 
it shall be the duty of such court to investigate and pass upon 
the complaint so made as in cases of misdemeanors during 
the terms of the district court as other criminal cases are tried 
before it, and all the laws and provisions in regard to such 
trials for misdemeanors are hereby made applicable to such 
complaints, and in case said court shall find the complaint to 
be sustained by the evidence it shall find the defendant guilty 
and sentence him to such reform school for any period not 
exceeding one year; such proceedings before said court to 
take effect at the same time after proclamation by the gov- 
ernor as hereinbefore provided for other sentences in the dis- 
trict court. 
Sec. 11. — Reform School. Superintendent or Warden to Enforce Rules. 

All persons sentenced to such reform school shall be com- 
pelled to perform such useful labor and submit to such rules 
and regulations in and about the said school and grounds as 
the board of trustees may prescribe, and the superintendent 
or warden shall have the power, and it shall be his duty, to see 
that all rules and regulations of the said board are properly en- 
forced, and infringements thereof shall be properly punished. 

Sec. 12. — Committee to Select Sites. Duties. Report to Governor. 

Compensation. 

Within sixty days after the passage of this act the gov- 
ernor shall appoint a committee for each of the institutions 
above named, each of said committees to consist of three com- 
petent and disinterested persons, not more than two of whom 
shall live in any county wherein any of the above institutions 
are located by this act ; and it shall be the duty of these com- 



OF THE TERRITORY OF NEW MEXICO. 169 

missioners to proceed to the localities named in this act for 
the establishment of the several institutions and their exami- 
nation of the several sites which may be presented for the 
acceptance of the territory for the purposes named and their 
designation, adoptation and selection or rejection of such lands 
be final, and unless the title for the land so selected shall 
be conveyed in the manner hereinbefore provided within six 
months after the adoption of this act, then no portion of the 
moneys received from donations under the act of Congress or 
by this act shall be available for the purposes of the institution 
so failing. The commissioners hereby named shall make a 
report in writing of their doings, together with a description 
of the land selected, to the governor of the territory, together 
with a statement of costs and expenses incurred by them in 
making such selection for each institution separately, and in 
addition to their actual costs and disbursements each com- 
missioner shall be allowed the sum of six dollars per day for 
each day actually and necessarily occupied in carrying out the 
provisions of this section, not to exceed ten days for any insti- 
tution, which amount, including costs and disbursements, is 
hereby declared to be a necessary and proper charge against 
the funds provided herein for the creation and maintenance 
of each of said institutions, and shall be paid out of any such 
funds that may come into the hands of the territorial treas- 
urer for that fund, upoii a bill therefor sworn to by each of 
such commissioners and approved by the governor of the ter- 
ritory. 

Sec. 13. — Erection of Buildings. Board of Trustees to Advertise for 
Bidte and Let Contracts. 

That the boards of trustees first appointed for the sev- 
eral institutions provided for in this act shall be empowered 
to contract for the erection, and shall erect all buildings neces- 
sary for the maintenance of the above named institutions, and 
shall be empowered to provide for the furnishing of the same 
and the improving of the grounds thereof: Provided, That 
the said boards of trustees in contracting for the erection or 
in erecting any of said buildings for the above named insti- 
tutions, shall advertise for bids for the erection of the same, 
specifying in said advertisements the character of building to 
be erected in the place where the plans and specifications of 
•said buildings may be found, and let all bids for the erection 



170 COMPILATION OF THE SCHOOL LAWS 

of said buildings to the lowest and best bidder therefor: And 
provided further, That in furnishing said buildings or improv- 
ing the grounds thereof said boards shall call for bids and let 
the same to the lowest and best bidders therefor upon any 
items the cost of which is more than one hundred dollars. 

Sec. 14. This act shall be in force from and after its 
passage. 



CHAPTER VI. 



An Act entitled an act establishing an orphan chil- 
dren's HOME AT BELEN^ NEW MEXICO, PROVIDING APPRO- 
PRIATION THEREFOR, AND FOR OTHER PURPOSES, Ap- 
proved February 24, 1903. 



Sec. 1. — Orphans Childrens' Home. Location. Board of Regents. 

Duties. 

There is hereby established and located an Orphan Child- 
ren's Home at Belen, New Mexico, which shall be conducted 
under the management and control of a board of regents, to 
be composed of three persons, who shall be appointed by the 
Governor for a term of two years each, and shall file their 
oaths of office before entering upon their duties as such re- 
gents, in the manner prescribed b}^ law for the qualification of 
other territorial officers. 

Sec. 2. — Buildings IVlay be Used for ScFiool Purposes. 

Until such time as the legislature may otherwise direct, 
any buildings which may hereafter be constructed at Belen 
for such Orphan Children's Home may be used as a public 
school building: Provided, That no appropriation for main- 
tenance or current expense shall now or hereafter be made or 
in any way defrayed by the territory during the use of such 
building for public school purposes. 

Sec. 3. — Appropriation. Tax Levy by Auditor. 

For the purpose of erecting a suitable building for the 
purposes mentioned in Section i of this act, there is hereby 
appropriated for the fifty-fifth fiscal year twenty-five one- 
hundredths (25-100) of one (i) mill, the proceeds of which 
shall be used for permanent improvements under the direction 
and management of said board of regents, and the territorial' 



OF THE TERRITORY OF NEW MEXICO. 171 

auditor is hereby directed to make a levy in accordance here- 
with, and the funds derived from such a levy shall be payable 
in the manner now prescribed by law for the payment of funds 
tc other institutions. 

Sec. 4. This act shall be in full force and effect from 
and after its passage. 



CHAPTER VII. 



An Act to create roosevelt county. Approved February 
28, 1903. 



Sec. 3. — County Commissioners. To Divide County into Precincts. To 
Appoint Precinct and School District Officers. 

The county commissioners appointed under this act are 
authorized and empowered to divide said county of Roosevelt 
into precincts, and to appoint in each precinct and school dis- 
trict the officers provided by law, until after the first election. 

Sec. 9. — Unpaid Taxes and Licenses. Proportion to be Credited cn« 
Debt. Sciiool Funds. 

Roosevelt county shall be entitled to have and receive all 
unpaid taxes for the year A. D. 1902, and prior thereto, which 
taxes have been levied or assessed upon or against property 
within the former limits of Chaves and Guadalupe counties and 
which by this act are set off from said counties of Chaves and 
Guadalupe and has become Roosevelt county ; and the treas- 
urer and collector of Roosevelt county shall collect and receipt 
for the same to the same extent as the respective treasurers 
and collectors of Chaves and Guadalupe counties might have 
done had said property remained within the limits of the coun- 
ties of Chaves and Guadalupe, and Roosevelt county shall be 
entitled to and shall receive from Chaves and Guadalupe coun- 
ties respectively, such proportion of the moneys received from 
licenses issued by said Chaves and Guadalupe counties in force 
in Roosevelt county during any part of the year A. D. 1903, as 
such! unexpired term of each such license shall bear to the 
whole term for which such license was issued; and all taxes 
collected from Roosevelt county and paid into the respective- 



172 COMPILATION OF THE SCHOOL LAWS 

treasuries of Chaves and Guadalupe counties after January 
1st, 1903, shall be credited upon the proportion of the respec- 
tive debts of Chaves and Guadalupe counties assumed and to 
be paid by Roosevelt county. All school funds in the respec- 
tive treasuries of Chaves and Guadalupe counties on April ist, 
1903, due to the school districts of Roosevelt county, whether 
.apportioned or unapportioned. shall be on said date or imme- 
diately thereafter paid over by such treasurers to Roosevelt 
■county. 



CHAPTER VIII. 



An Act to create quay county. Approved February 28, 
1903. 



"Sec. 3. — County Commissioners. To Divide County Into Precincts. 
To Appoint Precinct and Scliooi District Officers. 

The county commissioners appointed under this act are 
authorized and empowered to divide said County of Quay into 
precincts and to appoint in each precinct and school district 
the officers provided by law until after the first election. 

Sec. 13. — County and Precinct Officers. Jurisdiction Until When, 

Until the appointment and qualification of the county 
and precinct officers of Quay county the county and precinct 
■officers of the counties of Guadalupe and Union shall continue 
to exercise authority as before this act, and shall have juris- 
diction as heretofore. 



CHAPTER IX. 



An Act in relation to mayors of cities and to other 
OFFICERS, Approved February 28, 1903. 



Sec. 2. — Extention of Term of Office. Date of Next Election. 

The mayors, clerks and treasurers of cities, the alderman 
of the council of cities, and the members of the boards of 



OF THE TERRITORY OF NEW MEXICO. 173 

education of cities, now in office, shall remain in office until 
their successors are elected and qualified at the annual election 
to be held on the first Tuesday in April, 1904, and there shall 
be no election held for the election of any of the above named, 
officers in any city in the Territory of New Mexico on the 
first Tuesday of April, 1903. 

Sec. 3. — Election of City Officers, Aldermen and Board of Education.. 

Term of Office. 

(As amended by Chapter 93, Laws 1903.) The qualified 
electors of cities shall on the first Tuesday of April, 1904, 
elect one mayor, one clerk, and one treasurer, for the term of 
two years, and two aldermen of the city council from each 
ward, one of whom in each ward shall be elected for the term 
of two years, and the other for the term of four years, and. 
shall elect two members of the board of education from each 
M^ard, one of whom in each ward shall be elected for the term 
of two years and the other for four years. And on the first. 
Tuesday of April, 1906, and each two years thereafter, the 
qualified voters of cities shall elect one alderman and one mem- 
ber of the board of education from each ward, who shall hold., 
their offices for the period of four years. The provisions of 
this act shall apply to all cities in the territory, whether incor- 
porated under general or special laws. 



CHAPTER XXIII. 



An Act providing for the writing and publishing of 
THE HISTORY OF NEW MEXICO^ Approved March 10, 1903. 



Whereas, it is desirable and essential that the history of 
the Territory of New Mexico should be preserved in a sub- 
stantial and beneficial form for the benefit of the present and 
future generations of the people of the territory, and that the 
youth of the country should be instructed in reference thereto : 
Now, therefore, 
Be it enacted by the Legislative Assembly of the Territory of 

New Mexico : 

Sec. 1. — History of New Mexico to be Written by J. Franco Chaves. 
Adoption as a Text Book. 

That J. Franco Chaves, of Valencia county, be, and he 



174 COMPILATION OF THE SCHOOL LAWS 

hereby is, designated and selected to write and prepare for 
publication an accurate and correct history of this territory, 
and to prepare and condense therefrom a text book of such 
history, to be hereafter passed upon and accepted and adopted 
as such text book, for use in the common schools of this terri- 
tory. 

Sec. 4. — Adoption as a Text Book. Territorial Board of Education 
to Let Contract for Publication and Fix iPrice Per Volume. 

That such text book of the history of New Mexico, so 
condensed as above provided, for use in the common schools, 
shall not be considered adopted by the territory until after the 
same shall have been submitted to and approved by the board 
cf education of this territory, which board shall be authorized 
to enter into a contract with the lowest bidder for the printing 
and binding thereof, to be supplied by the publisher to the 
educational authorities of the territory from time to time, in 
such quantities as the necessities of the common schools may 
demand; and such board of education shall have authority 
to and shall fix the price per volume at which the same shall 
be supplied to said common schools, including a reasonable 
royalty upon each volume thereof, in addition to the cost of 
publication and binding thereof, which royalty shall be paid 
to the said J. Franco Chaves, or lij.s heirs, or in accordance 
with his order. 



CHAPTER XXVII. 



An Act to create the county of sandoval. Approved 
March lo, 1903. 



Sec. 10. — Precinct and School District Officers. 

The precincts and school districts now existing in the ter- 
ritory included in the counties of Sandoval and Bernalillo re- 
spectively, shall remain the same as now constituted until 
•changed as provided by law, and the respective district and 
precinct officers shall continue in office until their successors 
are elected and qualified under the general laws of the terri- 
tc ry. 



OF THE TERRITORY OF NEW MEXICO. 175 



CHAPTER XXVIII. 



An Act authorizing the compilation, printing, and dis- 
tribution OF THE SCHOOL LAws^ Approved March lo, 
1903. 



Sec. 1. — Superintendent of iPublic Instruction Authorized to Compile 
and) Have Printed ail School Laws. 

That the superintendent of pubHc instruction shall cause 
to have compiled, and biennially shall cause to have printed 
two thousand copies in English and two thousand in Spanish, 
in pamphlet form, of all existing school laws of the Territory 
of New Mexico, and such school laws as may be enacted by 
the Thirty-fifth Legislative Assembly, and after each future 
Legislative Assembly, if any laws shall have been enacted per- 
taining to schools, he shall in the first issue of said pamphlets 
thereafter include any school laws that may have been enacted 
by any such future Legislative Assembly. In the meaning of 
this act such pamphlets shall embrace all such school laws in 
one copy. The first issue of pamphlets shall be compiled and 
printed, ready for distribution before the first day of July of 
the year 1903. 

Sec. 2. — Appropriation for Compilation and Printing. Proviso. 

The compilation and' printing of the pamphlets herein 
referred to shall be paid for from any funds in the hands of 
the territorial treasurer arising from the rental or leasing of 
the common school lands, and for this purpose the territorial 
auditor is hereby directed and required to draw an order on 
the territorial treasurer in favor of the superintendent of pub- 
lic instruction for a sum not exceeding twelve hundred and 
fifty dollars ($1250.00). 

Provided, That the printing and binding authorized by 
this act shall be let to the lowest responsible bidder. 

Seci 3. — Copies of Printed School Laws to be Furnished to County 
School Superintendents and Chairman of School Directors. 

It shall be the duty of the superintendent of public instruc- 
tion of the territory, before the first day of August of each 
year, to forward a sufficient number of such pamphlets of com- 
piled school laws to the superintendent of schools of the sev- 



176 COMPILATION OF THE SCHOOL LAWS 

eral counties of the Territory of New Mexico. It shall be the 
duty of the county superintendent to place a copy of said- 
pamphlet in the hands of the chairman of the directors of pub- 
lic schools in each and every district of said county. 



CHAPTER LXXXI. 



An Act to prevent the cutting of timber from school 
SECTIONS, Approved March 17, 1903. 



Sec. 1. — Unlawful to Cut Timber from Certain School Sections or 
Territorial Lands. 

Hereafter it shall be unlawful for any person, persons, 
company or corporation to cut, take or destroy any timber 
from or on any school section numbered sixteen and thirty-six, 
or other territorial lands within the Territory of New Mexico. 
Any person or persons violating the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof in a court of competent jurisdiction in the territory 
shall be punished by a fine in the sum of not less than fifty 
dollars ($50.00) nor more than one hundred dollars 
($100.00), or by imprisonment in the county jail for not less 
than thirty days nor more than ninety days, or by both such 
fine and imprisonment, in the discretion of the court trying 
the case. The violations of the provisions of this act upon each 
day shall constitute a separate and distinct offense. 



CHAPTER XXXVH. 



An Act to provide for public school houses from the 
SURPLUS IN general SCHOOL FUNDS, Approved March 
12, 1903. 



Sec. 1. — Directors May Use Surplus in General School Fund to Con- 
struct School Buildings. 

That whenever there shall be a surplus in the general 
school fund in the county treasury to the credit of any school 



OF THE TERRITORY OF NEW MEXICO. l77 

district in the territory, outside of incorporated towns and 
cities, to the amount of not less than two hundred dollars 
($200.00) after all the expenses of maintaining the schools in 
said district for teachers' salary, rent and other expenses con- 
nected therewith, the said surplus or any part thereof may be 
withdrawn by the directors of said school district and applied 
by them to the procuring of a suitable site and the erection 
thereon of proper school buildings, or for the repairing of any 
school building or buildings for the use of such school district, 
in the manner following : » 

Sec. 2. — Surplus Fund. Available When. Duties of County Superin- 
tendents, Territorial Treasurer, and School Directors. 

That whenever a petition signed by one-half of the legal 
voters of such school district described in Section i of this act, 
as shown by the number of votes cast in said district or precinct 
at the last general election, shall be presented to the county 
school superintendent, praying that such surplus money des- 
cribed in Section i of this act may be turned over to the school 
directors of such school districts for the purpose of procuring 
a site and erecting school building or buildings thereon, then 
it shall be the duty of said county school superintendent within 
ten days after the receipt of the said petition, to forward the 
same to the county treasurer, who shall file the said petition 
and safely keep the same among the records and archives of 
his office, and it shall be the duty of said county treas- 
urer .to at once notify the school directors of such school district 
of the amount of money then on hand, subject to be withdrawn 
for the purposes named ; and thereafter the said treasurer shall 
honor and pay all warrants drawn by such school directors 
against such surplus fund for the purchase of site and erection 
of school houses thereon, when the same are accompanied by 
itemized and verified accounts and vouchers until the said 
surplus is exhausted, and it shall be the duty of the school 
directors to open proper books of account with the said fund, 
and enter therein all receipts and disbursements on account of 
such fund ; and it shall be their further duty to take from per- 
sons to whom money may be due on this account, itemized and 
verified bills in duplicate, one of which shall be retained by 
said board of directors, and the other shall be transmitted with 
the -warrant drawn in payment thereof to the county treasurer 
of the county in which said district is located. And the said 



178 COMPILATION OF THE SCHOOL LAWS 

school directors shall in no event and under no pretext con- 
tract for or incur obligations on such account beyond the 
amount of money available in the county treasury for such 
purposes, nor shall they under any circumstances incur any debt 
in the erection of such school house, or houses, or improve- 
ment or repair thereof except as provided in Sections 1542 
and 1543 of the Compiled laws of 1897. 

Sec. 3, — Proviso, When Surplus not Sufficient to Complete Buildings. 

In case there shall not be sufficient surplus moneys on 
hand to purchase a site and complete the building or buildings 
contemplated by the school directors under this act they are 
hereby authorized to procure the site for school purposes and 
to commence the erection of such building or buildings as they 
may deem necessary and proper for the purposes herein named, 
and shall carry on the construction thereof, so far as the 
moneys on hand for that purpose will permit, as hereinbefore 
provided, and in case the term of office of any sUch school 
directors or any member thereof shall expire, before the said 
buildings are completed, it shall be the duty of their successor 
or successors to proceed with the work in the manner herein 
provided until such work is completed. 

Sec. 4. — Insurance of School Buildings. 

The board of directors of any school district is empow- 
ered to expend, from the funds in the treasury of said school 
district, any moneys necessary to properly insure any school 
building or buildings in such school district. 

Sec. 5. — Failure of Officers to Carry Out the Provisions of This Act. 

Penalty. 

Any failure of any of the officers mentioned in this act to 
carry out its provisions in the letter and the spirit of this act, 
shall subject such officers to removal and to forfeiture of 
their official bond for the benefit of such school district so in- 
jured thereby, and any school director so offending shall be 
disqualified to become his own successor in office either by 
election or by appointment for a period of one year from date 
of such removal. 



OF THE TERRITORY OF NEW MEXICO. 179 



CHAPTER XCVII. 



An Act authorizing and empowering the board of edu- 
cation OF THE CITY OF SANTA FE AND TERRITORY OF 
NEW MEXICO TO PROVIDE FOR THE ERECTION OF A PUBLIC 
SCHOOL BUILDING^ AND MAKING PROVISIONS FOR MEANS 

TO ERECT THE SAME^ Approved March i8, 1903. 



Sec. 1. — Bond Issue to Erect School Building Authorized. Form. 

Maturity. Rate of Interest. On Petition Question of Bond 

Issue to be Submitted to Vote. Form of Ticket. 

For the purpose of erecting a suitable and commodious 
public school building in the city of Santa Fe, in this territory, 
the board of education of the city of Santa Fe, in the Territory 
of New Mexico, is hereby authorized and empowered on or 
after the first day of June, A. D. 1903, and prior to the first 
day of November, A. D. 1903, to issue the bonds of said board 
of education of the city of Santa Fe, in the Territory of New 
Mexico, as a body corporate, to the amount of twenty-eight 
thousand dollars ($28,000.00), or so much thereof as may be 
required, said bonds to be of the denomination of one hundred 
dollars ($100.00) or any multiple thereof, not exceeding one 
thousand dollars ($1,000.00), to be made payable to bearer 
and redeemable at any time after twenty years after the date 
thereof, and to become absolutely due and payable thirty years 
after the date thereof, to bear interest from the date thereof 
at the rate of five per centum per annum, payable semi-annu- 
ally at some national bank or trust company in the City of 
New York, State of New York, such interest to be evidenced 
by coupons representing each six months period of interest, 
attached to said bond ; said bonds shall be signed by the board 
of education of the city of Santa Fe, of the Territory of New 
Mexico, by its president and sealed with the seal of said board 
and attested by the secretary of said board, and the coupons 
thereof shall bear a fac-simile of the signature of the secretary 
of said board, which shall be engraved thereon; said bonds 
shall be numbered commencing with one and running upwards, 
the coupons of each bond shall bear the number of the bond 
and its relative number to other coupons on the same bond, 
and shall show the date thereof, when due and payable, and that 



180 COMPILATION OF THE SCHOOL LAWS 

it is for interest on the particular bond to which it is attached 
for the six months terminating on the date when it becomes 
due and payable. Should seventy-five of the legal voters of 
the City of Santa Fe, who are the owners of taxable property 
not exempt from taxation for school purposes in the said City 
of Santa Fe on which each of them has paid taxes for the 
year 1902, within thirty days after the passage of this act, 
petition the said board of education of the said City of Santa 
Fe to cause to be submitted to a vote of the legal voters in the 
said City of Santa Fe the question whether or not said bonds 
hereinbefore provided for shall be issued, it shall be the duty of 
said board of education to request the mayor and the city coun- 
cil of the said City of Santa Fe to order an election to be held 
within forty days thereafter to vote upon the question as to 
whether said bonds shall be issued or not, and thereupon the 
said mayor and city council shall order an election to be held 
in the various wards of said city, at which all persons who 
may be qualified voters in said city under the laws of the Ter- 
ritory of New Mexico, and who were registered as such at the 
last city election of the City of Santa Fe, shall be entitled to 
vote. The ticket which they shall vote shall be in either of 
the following forms : 

"For public school house bonds of the City of Santa Fe 
—Yes." or : 

"For public school house bonds of the City of Santa Fe 
—No." 

And if a majority of those voting shall vote "yes," such 
vote shall be considered as consenting to the issue of said 
bonds, and the said board shall be authorized to issue the same ; 
but if a majority of those voting shall vote "no," such vote 
shall be considered as being opposed to the issue of said bonds, 
and the said board of education shall not have the right to issue 
the same. 

Should no petition be made, as herein provided, by seven- 
ty-five owners of taxable property as before nrtentioned within 
thirty days from the date of this act, then the said board of 
education shall be authorized and empowered to issue said 
bonds without further delay or any further authorization. 

Sec. 2. — Special Tax Levy to Pay Interest on Bonds. 

To secure the payment of interest on each of the bonds 
which may be issued, according to the provisions of the last 



OF THE TERRITORY OF NEW MEXICO. 181 



preceding section, as it falls due and also the principal of said 
bonds, the said board of education of the city of Santa Fe is 
hereby authorized and required, after it shall have determined 
to issue said bonds, to fix a rate of tax levy, to be levied on all 
of the property subject to taxation in the said City of Santa 
Fe, and not exempt by law from taxation for school purposes, 
at its meeting to be held on the first Monday in June in each 
year, or as soon thereafter as possible, making due allowance 
therein for taxes which may not be collected, which rate of tax- 
ation when so fixed shall be certified by the president and 
secretary of said board of education under the name of said 
board and the seal thereof, to the board of county commission- 
ers of the county of Santa Fe, which said board of county com- 
missioners shall include the am^ount of such rate of taxation so 
fixed in the order making levies for taxation for the various 
purposes, required to be made by them for the county, and the 
same shall be and become a special levy on all the property 
subject to taxation in the City of Santa Fe and not exempt 
therefrom for school purposes, and the amount thereof when 
collected shall be kept in a separate fund to pay said interest. 
Ten years after the date of said bonds and each year there- 
after a sufficient tax shall in like manner be levied and col- 
lected to pay each year one-twentieth part of the principal of 
said bonds, and the moneys so collected to pay such interest 
and principal shall be used for no other purpose. 

Sec. 3. — Sale of Bonds. 

The said bonds, authorized by this act to be issued, shall 
be disposed of at not less than par, out of which shall be paid 
the cost of issuing, printing and disposing of the same, and 
all the rest or remainder of the proceeds thereof shall be used 
solely and only for the purpose of preparing the plans and 
specifications of such building and aiding and assisting in the 
construction of the same, as a suitable and commodious build- 
ing for the public schools of the City of Santa Fe, of the Terri- 
tcry of New Mexico, and in paying all necessary expenses 
thereof and furnishing the same with suitable, modern furni- 
ture. 

Sec. 4. — Material and Labor to be Furnished by Penitentiary. 

Proviso. 

To aid and facilitate the construction of said building. 



182 COMPILATION OF THE SCHOOL LAWS 

the board of penitentiary commissioners and the superinten- 
dent of the penitentiary are hereby directed and required to fur- 
nish, free of charge, convict labor for the excavation for the 
foundation of said building, with the aid of skilled siiperinten- 
dents, should such be necessary; said penitentiary authorities 
shall also furnish all the brick and lime which may be neces- 
sary for the construction and completion of said building, and 
also all other materials which can be furnished through the con- 
vict labor, machinery and appliances of said penitentiary, and 
which may be necessary for the completion of said building: 
Provided, That the penitentiary shall be paid and advanced the 
funds necessary to defray expenses of guards and actual cost 
of materials furnished. 

Sec. 5. — Boardl of Education to Provide Grounds, IVIaterial and Labor. 

The board of education of the City of Santa Fe, of the 
Territory of New Mexico, shall provide suitable grounds on 
which to construct the building provided for by this act, and 
shall also prepare, or cause to be prepared, all the plans and 
specifications for said building, and hire and pay all architects, 
necessary superintendents, foremen and skilled labor which 
can not be supplied from the penitentiary convicts, and all other 
labor which may not be supplied by the penitentiary convicts. 

Sec. 6. — Donation of L,and. 

There is hereby donated and granted in fee simple to the 
board of education of the City of Santa Fe and Territory of 
New Mexico, in order that it may be used as a school house 
site, for the building in this act provided to be erected, if it 
should be suitable therefor, all that certain lot, piece and par- 
cel of land situate within the City of Santa Fe, County of 
Santa Fe, and Territory of New Mexico, described as follows : 

Beginning at a point on Washington Avenue where the 
southern line of the abandoned Fort Marcy military reserva- 
tion terminates, being the southeast corner of the premises 
now occupied by Governor Otero, and running thence south- 
erly more or less along Washington Avenue 158 feet 9 inches 
to the corner of a brick wall enclosing a corral on the north 
side of the Old Palace building ; thence running westerly more 
or less along the north side of the adobe wall of the corral of 
the Old Palace building and along the wall enclosing the cor- 
ral or yard to the north of the building occupied by the post 



OF THE TERRITORY OF NEW MEXICO. 183 

office at Santa Fe, 261 feet and 6 inches to the northwest 
corner of the corral or yard on the north side of said building 
occupied for the post office; thence running northerly more or 
less along Lincoln Avenue 165 feet 4 inches to the southern 
line of the abandoned Fort Marcy military reservation and 
the property thereof now occupied by Governor Otero as his 
residence; thence easterly more or less along the southern line 
of the said abandoned Fort Marcy military reservation and 
part thereof now occupied by Governor Otero 267 feet to the 
place of beginning, being all of that portion of land lying be- 
tween Washington and Lincoln Avenues and between the 
southern boundary of the abandoned Fort Marcy military 
reservation, where it is occupied by Governor Otero as his resi- 
dence, and a north line described by a line extended from the 
north end or corner of the brick wall aforesaid along the wall 
extending therefrom in an east and west direction, and also 
extending straight along the projection of said wall, to the next 
wall in line therewith lying to the north of the yard or corral 
occupied by the post office at Santa Fe, to the northwest cor- 
ner of the wall forming said corral or yard on Lincoln 
Avenue, except that there is not included in this grant the por- 
tion of said lot and tract of land which has heretofore been 
granted to the Woman's Board of Trade and Free Library 
Association of the City of Santa Fe. 



CHAPTER C. 



An Act to require county school superintendents to 

FURNISH their OFFICIAL BONDS AND QUALIFY WITHIN 
CERTAIN TIME AND FOR OTHER PURPOSES, Approved 

March 19, 1903. 



Sec. 1. — County School Superintendents to Give Bond. 

That the county school superintendents be and they are 
hereby required to furnish their respective official bonds within 
thirty days after having received their certificate of election or 
appointment. 

Sec. 2. — Present County School Superintendents to Give Bond. 

All present county school superintendents shall within 



184 COMPILATION OF THE SCHOOL LAWS 

tl.-irty days after the passage of this act furnish their respec- 
tive official bonds and fully qualify as now required by law. 

Sec. 3. — Failure to Give Bond. Penalty. 

Any such county school superintendent failing to comply 
with the provisions of the foregoing sections shall be summar- 
iiv removed by the governor, who shall fill such vacancy as now 
provided by law. 

Sec. 4. — Failure to Make Apportionment of School Bonds. Penalty. 

All county school superintendents who shall hereafter 
fail in making the apportionment of school funds in their re- 
spective counties and to file their reports relative thereto as 
now provided by law, shall be dealt with as provided in Section 
3 of this act. 

CHAPTER cm. 



An Act to preserve the public health. 



Sec. 29. — Smallpox. Duty of School Superintendents. Vaccination 

of Children. Refusal of Parents to Permit Vaccination 

of Children. Penalty. 

It shall be the duty of the school superintendent of each 
county to see that all children in his county, of school age, are 
vaccinated against smallpox, and to that end each teacher of 
a public school shall see that the children in his district are suc- 
cessfully vaccinated or have been vaccinated within one year 
previous, and it shall be unlawful for any child to attend 
school, or for any teacher to allow such child within any 
school house unless so vaccinated, or showing proper certifi- 
cate that it has been vaccinated ; such teacher shall make report 
of the number of children whom they have caused to be vac- 
cinated and those who have presented certificates that they 
have been vaccinated, to the county school superintendent at 
the beginning of the school year and^as often thereafter as they 
may deem necessary, together with the report of the names of 
any parents who refuse to allow their children to be vacci- 
nated, and any person who shall so refuse or neglect to have 
his or her children vaccinated in accordance with the law shall 
be deemed guilty of a misdemeanor, and upon a report to that 



OF THE TERRITORY OF NEW MEXICO. 185 

effect by the county superintendent, it shall be the duty of the 
sheriff or any constable whom he may designate, to arrest such 
person, and upon being convicted, he shall be fined not less than 
ten dollars ($10.00) nor more than one hundred dollars 
($100.00), or be imprisoned in the county jail, not exceed- 
ing one hundred days, and the fine so imposed shall go to and 
be a part of the school fund of the district in which such of- 
fender lives. These provisions shall apply to children and 
parents in incorporated cities and towns, and^the duties here- 
tofore imposed upon county school superintendents are hereby 
made applicable to boards of education therein. 

Sec. 30. — County Health Officer to Vaccinate. Expense. 

The vaccination provided for in the previous section shall 
be done by the county health officer provided for by Section 
22 of this act, or by his assistants and under his direction, and 
shall be paid for by the parents of such children when they are 
able to do so, but in case of their inability to pay for the same 
by reason of poverty, the same shall be paid for by the board of 
education, or school directors of the several districts out of 
the school fund. 

Sec. 31. — Vaccination of Adults. Refusal. Penalty. 

It shall be the duty of the board of health to make and 
enforce all necessary rules and regulations for the vaccination 
against smallpox of the adult population as well as of children 
within school age, and enforce the same by proper orders, and 
if any adult person shall refuse or neglect to carry out any of 
the orders of the said board in that behalf, he shall be guilty 
of a misdemeanor, and after conviction shall be punished as 
hereinbefore provided in Section 24 of this, act. Vaccine 
matter shall be provided at the cost of the county, municipal 
corporation, board of education or school trustees, as herein- 
before provided for other expenses. 



CHAPTER CXIX. 



An Act to harmonize and strengthen the existing 
SCHOOL LAWS, AND FOR OTHER PURPOSES, Approved 
March 19, 1903. 



Sec. 1. — School Year. 

Hereafter the school year governing all public schools in 



186 COMPILATION OF THE SCHOOL LAWS 

any district, independent' district, incorporated town or city in 
this territory, shall commence on the first day of September 
and end on the last day of August of each year. 

Sec. 2. — Section 11, Chapter 80, Laws of 1899, Regarding Posting of 
Notice of Election of School Directors. Amended. 

Section 1532, Compiled Laws of 1897, as amended by 
Section 11, of Chapter 80, Session Acts of 1899, is hereby 
amended by inserting after the words "malfeasance in office" 
the following: "And shall be disqualifed from again holding 
said office by appointment or otherwise for a period of one 
year thereafter." 

Sec. 3. — Granting of Third Class-Certificates. Proviso. 

Third-class certificates, entitling the recipient to teach 
for one year in the county in which granted, may be granted 
by the county examining boards, and it is hereby made the 
duty of the members of such boards to prepare the list of 
questions to be submitted to those applying for third-class cer- 
tificates, and the examination of applicants for said third 
grade certificates shall occur at the same time and place as 
examinations are held for the examination of applicants for 
certificates of the first and second grades : Provided, That 
those seeking third grade certificates may also be examined 
by said board on the last Saturday in January, at the 
discretion of the county superintendent, and at no other time. 

Sec. 4. — Two Counties May Unite to Hold Institute. Expense. 

Authority is hereby conferred upon the territorial board 
of education to authorize any two counties, wherein the condi- 
tions are such as to make it expedient to do so, to unite in 
holding a district county institute at such place as may be 
mutually agreed upon, but not more than two counties shall 
participate therein, and when such power is delegated to the 
county superintendents thereof, the expense of such institute 
shall be equally divided between two counties participating 
therein. 

Sec. 5. — Section 1613, Compiled Laws of 1897, Regarding Defraying 
of Expenses of County Institutes. Amended. 

Amends Section 161 3, Compiled Laws of 1897, 



OF THE TERRITORY OF NEW MEXICO. 187 

Sec. 6. — Amends Section 5 of Chapter 3, Session Laws 
of 1901. 

Sec. 7i — Boards of School Directors. To Let Contracts. Clerk of 

Board to Report to the County Superintendents, Cost of Material 

and Labor. School Officials Prohibited! From Being Party 

to Contract. 

Boards of. school directors when letting a contract of pub- 
lic school buildings shall require of the contractor a good and 
sufficient bond for the faithful execution of said contract. And 
the clerks of said boards, outside of incorporated cities or 
towns, are required to make to the county superintendent from 
time to time, as the superintendent may require, an itemized 
statement, under oath, of the cost of labor and material used 
and work done, where practicable, and apparatus required and 
used for conducting and furnishing said building; and school 
directors of the latter class are further required to consult with 
and solicit the co-operation of county superintendents whenever 
it becomes necessary to purchase furniture, fixtures, etc., for 
the district schools and the directors and clerks of all school 
boards are hereby prohibited from acting as the agent for any 
person or firm engaged in the selling of school furniture, ap- 
paratus, etc., or to receive any commission attending the pur- 
chase of such furniture, apparatus, etc., for the use in their re- 
spective districts; and all persons identified in an official 
capacity with the public schools or with the higher educational 
institutions supported in whole or in part by the public funds 
of this territory are hereby prohibited from being a party di- 
rectly or indirectly to any contract for which public money is 
t.-) be used in connection with the operation or maintenance of 
such public schools or higher educational institutions. 

Sec. 8. — Clerks in Rural Districts, Principals or Superintendents of 

Town or City Schools to Make Fulf Report to County 

Superintendents. Contents of Reports. 

The clerks of the several rural districts, principals or sup- 
erintendents of town or city schools, shall, between the first 
day of June and the first day of July of each year, make a 
report to the county superintendent in writing, showing in 
detail the financial condition of the district, the amount of 
money received, and from what source, including receipts from 



188 COMPILATION OF THE SCHOOL LAWS 

poll taxes, etc., district bonds or special levies, and the manner 
in which the same has been disbursed during the previous 
year, amount expended for repairs or improvements of school 
liouses and grounds, whether rented or owned by the district, 
the value of all school property, amount of bonded indebted- 
ness of district, status of interest fund, amounts paid for rent, 
fuel, etc., salaries paid teachers for the preceding year, the 
number and sex of the school population, and amount expended 
for books for indigent children under Section 1555, Compiled 
Laws of 1897, as amended, and failure to properly prepare 
and forward said reports shall subject such clerk, jDrincipal or 
town or city superintendents to prosecution as povided in Sec- 
tion 1535, Compiled Laws of 1897, and it is hereby made the 
duty of county superintendents to file information against such 
derelicts. 

Sec. 9. — School Directors to Furnished Itemized Accounts With 

Vouchers. 

Superintendents serving in districts outside of incorpor- 
ated towns or cities are hereby required to accompany all 
vouchers or warrants presented for the signature of the coun- 
ty superintendent with itemized statements of account, and the 
county superintendent shall withhold his approval of all bills 
until such statements are provided. 

Sec. 10. — Section 1535, Compiled Laws of 1897, Regarding Duties of 

School Directors, Amended. Section 2, Chapter 27, Laws of 1901, 

Regarding Teachers' Certificates, Amended. 

Section 1535, Compiled Laws of 1897, referring to duties 
of school directors, is hereby amended by striking out the 
word ''for" as used in the top line on page 427 of said Com- 
piled Laws ; and Section 2, Chapter 27, second line from bot- 
tom of page 56, Session Acts of 1901, referring to teachers' 
certificates, is hereby amended by striking out the words "and 
lower than 90 per cent." 

Sec. 11. — County Superintendent. When to be at County Seat. To 
Examine Books of Directors. 

The county superintendent is hereby required to be in 
attendance at the county seat on the first Saturday in the 
months of August, September, and October, and November for 
the transaction of official business. He is hereby empowered 
to examine from time to time the records and account books 



OF THE TERRITORY OF NEW MEXICO. 189 

of district directors outside of incorporated cities and towns, 
and see to it that the same are properly kept, and it is hereby 
made obligatory upon all such directors to meet at their accus- 
tomed place within the district at least once every thirty days 
during the school term for the transaction of public business. 

Secuj 12. — County Superintendent May Reject Warrants Illegally Is- 
sued by School Directors. 

The county superintendent shall investigate the legality 
of all accounts as to whether the same have been legally in- 
curred and allowed before the fixing of his signature thereto, 
and he may reject any warrant issued by district school direct- 
ors whenever he may deem such warrant to have been illegally 
issued. 

Sec. 13. — School Directors Failing to Make Complete Census. Pen- 
alty. 

County superintendents are hereby empowered to remove 
from office any school director, in districts outside of incor- 
porated towns and cities, who shall fail or refuse to make and 
return a complete census of the school population within his 
district as required by law, and such person so removed shall 
not be eligible to hold said office for a period of two years 
thereafter. 

Sec. 14. — Report of County Superintendent to Superintendent of Pub- 
lic Instruction. Failure to Report. Penalty. Failure of 
Teachers or Principals to Report. Penalty. 

On or before the fifteenth day of August each year the 
county superintendent shall make out and transmit to the ter- 
ritorial superintendent, on blanks, the form and character of 
which shall be specified by the territorial superintendent, his 
annual report, bearing date of August ist, containing such 
vital statistics and general information concerning the public 
schools as the territorial superintendent may call for, including 
total amounts received by the several districts and counties on 
account of the poll tax and fines, and county school superin- 
tendents who fail or refuse to properly prepare and file such an- 
nual report, within the time specified by law, which report 
shall be properly footed, complete and consistent in its footings, 
as required by the superintendent of public instruction, shall 
be chargeable with gross neglect of official duty, and may be 
suspended from office by the superintendent of public instruc- 



190 COMPILATION OF THE SCHOOL LAWS 



tion, and, should the circumstances demand, upon presentation 
of the facts to the governor, he may be removed from office 
and his place filled by appointment until the next general elec- 
tion, and any principal or teacher in charge failing to make 
reports required of them may upon the written complaint of 
the county superintendent or superintendent of public instruc- 
tion, filed with the directors of any public school, have his 
salary withheld until he has made such report so required ; and, 
in case the circumstances justify, he shall be removed as 
teacher by such directors and be disqualified to teach in New 
Mexico for at least one year thereafter. 

Sec. 15. — Apportionment of School Funds. County Superintendent 
to Report to Probate Clerk. 

County superintendents shall quarterly, and within ten 
days after receiving notice that any school funds are at their 
demand, for apportionment to the several districts, properly 
make said apportionment and specifying the number of the dis- 
trict, the number of children of school age in each district and 
ll)C amount of money apportioned thereto, and a copy of this 
apportionment report shall be filed within ten days thereafter 
in the office of the probate clerk of the county, and he shall 
also supgly a duplicate copy thereof to any newspaper printed 
within the county which will give publicity to the same free 
of charge as a matter of general information. 

Sec. 16. — District Superintendents. Term of Office. Duties. 

District superintendents in districts consisting of incor- 
porated cities or towns shall be employed for a term of not to 
exceed two years, and their duties other than now specified by 
law may be defined by the board of directors of such incor- 
porated city or town. 

Sec. 17. — Tiiird Paragraph, Section 1548, Compiled Laws of 1897, Re- 
garding Distribution of Fines, Amended. 

Amends Section 1548, Compiled Laws of 1897. 

Sec 18. — lOfficials of Higher Educational Institutions. Report to be 

Made. Contents. 

In addition to the duties now required by law of the gov- 
erning authorities of the higher educational institutions, they 
are hereby required to make duplicate copies of reports, under 
date of June 30th of each year, furnished by them to the terri- 



OF THE TERRITORY OF NEW MEXICO. 191 

torial executive for use in his annual report to the secretary 
of the interior, and a copy of said report shall be filed in the 
office of the superintendent of public instruction; such report 
shall show the date of establishment, general status and pro- 
gress of such institution during the year; it physical equipment, 
course of study, number of pupils enrolled and the number en- 
rolled who are not actual bojta fide residents of the territory, 
the number of graduates for the preceding year and the total 
number of graduates to date, the financial condition, char- 
acter and value of improvements during the year, value of all 
property, receipts from all sources, disbursements, and such 
other information as the superintendent of public instruction 
may require for incorporation in his annual report to the gov- 
ernor of the territory. 

Sec. 19. — Section 1548, Compiled Laws 1897, Regarding County Treas- 
urers Notifying County Superintendents of Funds, Amended. 

Amends Section 1548, Compiled Laws of 1897. 

Sec. 20. — Legal Holidays Defined, proviso. 

In addition to the legal holidays designated by law, viz: 
"July fourth, December twenty-fifth, and January first, and 
all days designated by proclamation of the governor as fast 
days or thanksgiving days," February twelfth (Lincoln's 
birthday) and February twenty-second (Washington's birth- 
day) may hereafter be observed by the public schools as legal 
holidays; and, provided, any teacher or teachers in the rural 
districts and village schools shall have arranged beforehand 
a program of exercises by the pupils appropriate for the occa- 
sion for the preceding day, the directors of such district shall 
not deduct any moneys from teachers' salary because of their 
absence from active school duty on such holidays. 



CHAPTER CXX. 



An Act to regulate county institutes. 



Seo. 1. — Funds Set Apart by County Treasurers for County Insti- 
tutes. Disbursement. 

Amended by Chapter y^, Laws 1905. For the purpose 
of meeting the expenses of county institutes, county treas- 
urers in counties of the first class shall set apart annually from 



192 COMPILATION OF THE SCHOOL LAWS 

the general school fund of their respective counties $ioo, and 
in counties of the second class $75 for such purpose, and in 
counties of the third and fourth class not more than $50 for 
such purpose. The money thus set apart and that collected 
by county superintendents as now provided by law shall be 
known as the "county institute fund," and the county treas- 
urer shall be its custodian, but he shall not receive any of it 
for his services as such custodian. This money shall be dis- 
bursed in accordance with the provisions of Section 161 5 and 
1616 of the Compiled Laws of 1897, except that all orders 
on this fund issued by county superintendents shall be counter- 
signed by the conductor of such county institutes. 

Sec. 2. — Territorial Board of Education to Prescribe Course of Study. 
To Revoke Certificates for Incompetency or Immorality. 

The territorial board of education is hereby empowered 
to issue a course of study for county institutes and to revoke 
certificates for incompetency or immorality of the holder, or 
for any cause that should have withheld the issue of such cer- 
tificates. 

Sec. 3. — Territorial Board of Education. Mileage. Compensation. 

The members of the territorial board of education shall 
receive 10 cents per mile for attending each meeting of said 
board, counting one way from their place of residence to its 
place of meeting, and $2 for each and every day said board 
is in session. This mileage and per diem shall be paid to the 
members of said board of education by the territorial treas- 
urer upon the order of the territorial auditor out of the funds 
arising from the rental of the common school lands of the ter- 
ritory. 



CHAPTER XXIII. 



An Act to provide for the compensation of an enumer- 
ator OF persons of school age in the several dis- 
tricts of the territory of new MEXICO. H. B. No. 
23; Approved March 2, 1905. 



Sec. I.^School Directors to Make Enumeration of Persons Within 
School Age. Duty of Clerk. 

That the directors of schools in the several school districts 



OF THE TERRITORY OF NEW MEXICO. 193 

in the territory shall, on or before the first day of September 
of each year make an enumeration of all unmarried persons 
between five and twenty-one years of age, giving the names, 
ages, and sexes of such persons in full, and shall report the 
same in writing, which enumeration list shall be signed by all 
the directors, to the county superintendent within fifteen days 
thereafter. It shall be the duty of the clerk of said school direc- 
tors to correctly enumerate or cause to be enumerated all un- 
married persons of the respective school districts as specified 
herein. For said enumeration he shall be paid from any funds 
in the hands of said directors the sum of one dollar and fifty 
cents for each one hundred names or fraction thereof, thus 
enumerated. 

Sec. 2. — Punishment for False Enumeration. 

Any enumerator acting for the directors of schools of any 
district who shall willfully place fictitious names, or names of 
persons, not actually residing in said district, upon the official 
enumeration list, shall be declared guilty of a misdemeanor and 
on conviction thereof, before any court of competent juris- 
diction, he shall be punished by a fine of not less than ten nor 
more than fifty dollars,which fine shall, when paid, be placed 
in the school fund of said school district. 

Sec. 3. All acts or parts of acts in conflict herewith are 
hereby repealed, and this act shall take effect and be in force 
thirty days from and after its passage. 



CHAPTER XLVIII. 



An Act providing for a compulsory flag law for the 
TERRITORY OF NEW MEXICO. C. B. No. 79; Approved 
March 10, 1905. 



Sec. 1. — Directors and Boards of Education to Procure United States 
Flags for Public Schools. 

The boards of school directors of the various school dis- 
tricts and the boards of education of the cities and towns of 
this territory shall procure at the expense of their respective 
districts, towns or cities, for every public school not now pro- 
vided therewith, a United States flag not less than five feet 



194 COMPILATION OF THE SCHOOL LAWS 

long ; together with the flag-staff, and the necessary appliances 
therefor; and thereafter whenever the flag, flagstaff or the 
necessary appliances therefor of any such school shall from any 
cause become unsuitable for further use, such school boards 
of directors or boards of education shall in the same manner 
purchase others in place thereof. 

Sec. 2. — United States Flags to be Displayed Upon Public School 

Buildings. 

The school directors or boards of education in the various 
districts, cities and towns in the territory shall cause the United 
States flag to be displayed upon the public school buildings 
or premises therein during school hours if in their best judg- 
ment it be practicable, otherwise at such times as they may 
direct, and such boards of school directors or boards of educa- 
tion shall also establish rules and regulations for the proper 
care, custody and display of the flag; and when, for any cause 
it is not displayed it shall be placed conspicuously in the prin- 
cipal room of the school building. 

Sec. 3. — Flag Day. 

The twelfth day of February, in each and every year 
hereafter, is hereby established in the annual school calendar 
to be known as flag day, in honor of the birthday of Abraham 
Lincoln, and shall be observed with patriotic exercises in the 
public schools, but such day shall in no wise be construed to 
be a holiday. It is also provided that when such day shall fall 
on Sunday or on Saturday, the following or preceding days 
respectively, as the case may be, shall be observed. 

Sec. 4. — Superintendent of Public Instruction to Prepare Programme 
of Flag Day Exercises. 

It shall be the dut}^ of the superintendent of public instruc- 
tion to prepare a programme of patriotic exercises for the 
proper observance of flag day, and to furnish printed copies 
of the same to the school directors and boards of education of 
the various districts, cities and towns, at least four weeks pre- 
vious to the twelfth day of February in each year; he shall 
also prepare for use of the schools a printed programme pro- 
viding for a uniform salute to the flag, to be used daily during 
the session of the school. 

Sec. 5. This act shall be in force and effect from and 
after its passage. 



OF THE TERRITORY OF NEW MEXICO. 195 



Extracts From Session Laws 
of 1905. 



CHAPTER LX. 



An Act to regulate the classification of counties and 

FIXING the salaries OF CERTAIN COUNTY OFFICIALS 

THEREOF. A. C. B. No. gg ;Lazv by Limitation, March 
14, 1905. 



Sec. 5. — Compensation of School Superintendents. 

The county school superintendents of the several counties 
of this territory shall receive the following compensation : 

In Counties of Class "A" $1,500.00 per annum. 

In Counties of Class "B" 1,000.00 per annum. 

In Counties of Class "C" ., 900.00 per annum. 

In Counties of Class "D" 600.00 per annum. 

In Counties of Class "E" 400.00 per annum. 

Sec. 6. Section 6, Chapter 27, Laws of 1901, fixing the 
compensation of school superintendents, repealed by Chapter 
117, Laws of 1905, to take effect January i, 1907. 



196 COMPILATION OF THE SCHOOL LAWS 



CHAPTER LXXII. 



An Act entitled an act to aid territorial institutions 
. TO erect buildings and other permanent improve- 
ments. C. B .No. 78; Approved March 14, 1905. 



Sec. 1. — Territorial Institutions Authorized to Expend Funds Derived 
From Sale and> Lease of Lands. 

The New Mexico College of Agriculture and Mechanic 
Arts and all other territorial educational and charitable insti- 
tutions in New Mexico, are hereby authorized to expend the 
funds derived from the sale and lease of their lands, or so much 
thereof as may be necessary which have been or may hereafter 
be placed to the credit of the respective institutions, for build- 
ings, equipment and other permanent improvements. 

Sec. 2. — Boards of Control to Make Report of Expenditures. 

The boards of regents or other boards of control of said 
institutions are hereby authorized to expend said moneys as 
herein provided for said purposes and said boards shall make 
a full and complete report of the expenditures which they may 
make under the provisions of this act, giving amount and pur- 
pose for which expended, to the governor of the Territory of 
New Mexico. 

Sec. 3. This act shall take effect and be in force from 
and after its passage. 



CHAPTER LXXni. 



An Act to authorize the territorial board of education 
TO issue certificates to normal institute conduc- 
tors, TO harmonize the school law and for other 
purposes, a. C. S. for H. B. No. 41 ; Approved March 
14, 1905. 



Sec. 1. — Territorial Board of Education to Issue Teachers' Certifi- 
cates. Provisos. 

The territorial board of education is hereby authorized 



OF THE TERRITORY OF NEW MEXICO. 19V 

to issue territorial teachers' certificates to persons whom it may- 
deem quahfied by reason of the moral character, academic 
scholarship, knowledge of the theory and art of teaching, and 
actual practice in teaching. The certificates shall remain in 
force from and after the issue : Provided, No certificate shall 
be granted for not less than five years : And provided, further. 
The lowest qualifications for such certificates shall be equal, 
ii' respect to moral character, academic scholarship, knowledge 
of the theory and art of teaching, and actual practice in teach- 
ing to that required of those who complete full professional 
course in either the New Mexico Normal School or the Nor- 
mal University. Holders of these certificates who possess a 
certificate of attendance upon some county normal institute or 
summer school, as provided by law, shall be entitled without 
further examination, to teach in any of the public schools of 
New Mexico for the period of time designated therein. 

Sec. 2. — Section 1, Chapter 120, Laws of 1903, Regarding the Dis- 
bursement of County Funds for County Institutes, Amended. 
Amount to be Raised by Counties of Third and 
Fourth Classes. 

The first sentence in Section i of Chapter 120 of the Ses- 
sion Laws of 1903 of the Territory of New Mexico, ent'.tled, 
"An Act to regulate county institutes and for other purposes," 
is hereby amended so as to read after the word "purpose," in 
the sixth line thereof, "and in counties of the third and fourth 
class not more than fifty dollars for such purpose." 

Sec. 3. — Section 2, Chapter 27, Laws of 1901, Relating to Teachers' 
Examinations, Amended. Time of Holding Examinations. 

The fourth line of Section 2, Chapter 27, of the Session 
Laws of 1901 of the Territory of New Mexico, entitled, "An 
Act to amend certain provisions of the law relating to public 
schools," is hereby amended by striking out the word "four" 
and in the same section, in line ten, by striking out the words 
"in August and November" and inserting in lieu thereof the 
words "before the close of the Normal Institute" in the same 
section, in line fifty-eight, by striking out the words "or 
towns." 

Sec. 4. — When Temporary (Permits to Teach May be Issued. 

The superintendent of public instruction is hereby author- 
ized to issue, pending the regular examination of teachers. 



198 COMPILATION OF THE SCHOOL LAWS 

temporary permits to teach in the pubHc schools of the terri- 
tory to persons holding certificates from educational institu- 
tions of good standing in any state or in this territory, or 
whose credentials as to ability and experience in teaching, 
properly certified to, are deemed sufficient to meet the re- 
quirements of the law, and such temporary permits shall ex- 
pire upon the first day of the next succeeding examination of 
teachers, and county school superintendents shall have like 
authority in their respective counties, and certificates so issued 
by county school superintendents shall be good only in the 
county where issued and shall expire at the next examination 
of teachers in said county. 
Sec. 5. — Qualifications Required of Conductors for Normal Institutes. 

Any person of good moral character who is entitled to 
and possess a certificate of the first class as a teacher, may be 
chosen and appointed by the superintendent of schools of the 
different counties in the territory as conductor for the Normal 
Institute in their respective counties. 

Sec. 6. — Section 3, Chapter 119, Laws of 1903, Regarding the Grant- 
ing of Third Class Certificates, Amended. 

The eleventh line of Section 3, Chapter 119, of the Ses- 
sion Laws of 1903, entitled, "An Act to harmonize and 
strengthen the existing school laws, etc.," is hereby amended 
by striking out the words "September and October" and in- 
serting in place thereof the word "January." 

Sec. 7. All acts and parts of acts in conflict herewith are 
hereby repealed and this act shall take effect and be in full 
force sixty days from and after its passage and approval. 



CHAPTER LXXIV. 



An Act to validate and legalize indebtedness hereto- 
fore INCURRED BY BOARDS OF EDUCATION AND BOARDS OF 
SCHOOL DIRECTORS IN EXCESS OF THE CURRENT INCOME 
OF SUCH BOARDS^ AND TO AUTHORIZE THE ISSUE OF BONDS 
TO PAY SUCH INDEBTEDNESS. C. B. No. I18; AppVOVcd 

March 14, 1905. 



Sec. 1. — Debts Contracted by School Boards Made Binding. 

All debts heretofore contracted by boards of education. 



OF THE TERRITORY OF NEW MEXICO. 199 



cr boards of school directors for the purpose of paying the 
actual and necessary expenses of maintaining the schools are 
hereby validated and made binding. 

Sec. 2. — School Boards to Issue Bonds Covering Indebtedness. 

It shall be the duty of all such boards on or before August 
1, 1905, to ascertain the amount of their respective indebted- 
ness, and upon due proof of the same to issue coupon bonds to 
each holder of a claim in an amount sufficient to cover such 
claim, and to deliver such bonds to their respective creditors 
in exchange for other evidences of indebtedness. 

Sec. 3.— Denomination of Bonds. Rate of Interest. Maturity. How 

Signed. 

Such bonds shall be issued in denominations of one hun- 
dred dollars each, shall be numbered consecutively, shall bear 
interest at the rate of six per cent, per annum, interest payable 
semi-annually on the first day of January and July of each 
year, shall mature at the option of the board issuing the same 
ir. ten years after the date thereof and shall be absolutely due 
and payable in twenty years after the date thereof, and shall 
be issued and delivered not later than January i, 1905, and 
shall be signed by the chairman of the board, issuing the same, 
and shall be countersigned by the secretary or clerk thereof. 

Sec. 4. — County Commissioners to Levy Tax to Pay Interest on 
Bonds. Redemption. 

Boards of education and boards of school directors issuing 
bonds under this act shall notify the boards of county com- 
missioners on or before the first Monday of May in each year 
of the amount required to pay the interest on such bonds, and 
the county commissioners shall, at the time of making the levy 
for other taxes levy a tax sufficient to pay the annual interest 
on such bonds ; and after the expiration of ten years from the 
date of issuing said bonds, the boards of county commissioners 
shall annually levy a tax sufficient to produce a smm equal to 
not less than ten nor more than twenty per cent of the total 
amount of such bonded indebtedness, and said bonds shall be 
redeemed from time to time as the moneys come into the 
hands of the treasurers of said boards issuing the same for 
that purpose : Provided, That the levy herein provided for to 
pay interest on such bonds and to create a sinking fund for the 



200 COMPILATION OF THE SCHOOL LAWS 

redemption thereof shall be made only on property within 
the district issuing such bonds. 

Sec. 5. This act shall take effect and be in force from 
and after the expiration of thirty days after its passage and 
approval, and all acts and parts of acts in conflict herewith 
are hereby repealed. 



AUTHORIZED SCHOOL BOOKS. 



The Territorial Board of Education at a meeting held in Santa 

Fe on the 8th day of June, A. D. 1903, adopted 

the following books for use in the 

Territory for the ensuing 

four years. 



FROM THE AMERICAN BOOK COMPANY OF CHICAGO. 

McGviffey's Revised First Reader 

" " Second Reader _.._ 

" " Third Reader - ...- 

" " Fourth Reader 

" " Fifth Reader _ 

" " First (Spanish and English) 

Baldwin's Readers by Grades, First 

•' " •' " Second 

Third, Fourth and Fifth 

" " " " Sixth, Seventh and Eighth.... 

Croshy's.Little Boolt for Littl-^ Folks 

Mantilla's Libro de Lectura (Snanish Reader No. 1) 

'• " {Spanish Reader No. 2) 

McGuffey's Revised Speller 

American Word Book Speller 

White's New First Book Arithmetic. 

White's New Complete Arithmetic 

Hall's- Werner's Arithmetic Book No. 1 

" 2 

■' 3 

" " Two Book Ed Elementary .__. 

" " Two BoMk Ed. Complete. 

Maxwell's First Book in English 

' Introdu' tory LessoTi.« 

" Advanced Lessons in Enslish Grammar 

Barnes' New Elementary Geography 

Barnes' Complete Geosraphy 

Natural Elementary Geography , 

Natural Advanced Geography 

PeterinHn's Civil Government ..: 

Eggleston's First Book in American History.. 

Barnes' United States Historv 

MoMa<»ter's Historv of the United States 

De Thoma'-i Historia de Nuevo Mesico 

Child's Health Primer Physiology _ 

Hygienic Physiology 

Steele's Hysienic Phvsiology 

Tracy's Outlines of Phvsiolosy 

Barnes' Na'ional Vertical Penmanship, 1 to 6 

Barnes' Natur.al Slant Spencerian Common ■'School Copy Books 

Webster's New Primary Dictionary _. 

Webster's Common School Dictionary 

High School Dictionary 

'■ Academic Dictionary 

" International Index Diction iry 

FROM SILVER, BURDETT & COMPANY, OF CHICAGO 

Stepping S*^ones to Litei'ature, First Reader 

•' " " Second Reader 

" " " " Third Reader , 

" " " " Fourth Reader 

" " " " Fifth Header 

'• " •' " Sixth Reader 

" " " " Seventh Reader 

" • " " Reader fo'- Higher Grades 

" " " ■' Suecial Fifth Reader 

" " '• " First Reader (Spanish^ 

" " " " Second Reader (Spanish) 

" " " " Third Reader (Spanish) 

" •• " " Fourth Reader (Spanish) 

" " " " Arnold Primer (Spanish).... 



List 
Price 
$ .17 
.HO 
A2 
.50 
.72 
.32 
.25 
.35 
.40 

.4.T 

.30 
.15 
.54 
.17 
.25 
.30 
.65 
.40 
.40 
.50 
.H5 
.60 
.40 
.40 
.60 
55 

1.25 
.60 

1.25 
.£0 
.60 

100 

1.00 
.75 
.30 
.50 

1.00 

1.00 
.75 
.75 
.48 
.72 
-.98 

1.50 
11.00 



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price 
$ .18 
.24 
.30 
.36 
36 
.36 
.36 
.36 
.45 
.18 
.24 
.30 
.36 
.18 



Ex. 


Cent. 


Price 


Price 


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.23 




.32 




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.15 


,19 


.21 


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.19 




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$ .24 


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.48 


.60 


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.75 


.60 


.30 


.24 


.40 


.32 


.50 


40 


.60 


.48 


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AUTHORIZED SCHOOL BOOKS-Continued. 



First steps in the Histo'y of Our Country 

Stowell's Physiology, a Healthy Body.. 

Stowell s Physiology. Esst-ntials of Health 

Copy Books: Silver, Burrlett & Co , Normal intermediate 

22^2 Degrees, Books No. 1 to 6 inclusive per doz 

FROM MAYNABD MERRILL AND COMPANY, OP NEW YORK 

Judson & Bender's Graded Literature Readf-rs First Book 

" " Second Book 

" " " Third Book 

•' " " Fourth Book 

Fifth Book . 

" " " Sixth Book 

" " " Seventh Book 

Eighth Book 

" ■' •' 6th and 6th Books Combined.. 

" "' " 7th and 8th Boi.ks Combined. 

Reed's Word Lessons 

Reed's Introductory Language Work .. 

Reed&Kell' gg's Grided Lessons in Bnelish 

Reed & Keli.ogg's Higher Lessons in Engl sh 

Merrill's New Graded Penmanship (Slant 33 degree:',) 

Tracing Series, Three Numbers per dozen '. 

Standard Series, Six Numbers per dozen 



PROM GINN & COMPANY, OF CHICAGO. 

Wentworth's Elempntary Arithmetic 

Wentworth's Practical Arithmetic 



FROM CRANE & COMPANY, TOPEKA, KANSAS. 
Wooster's Primer 



FROM APPLETON & COMPANY, OF BOSTON, MASS. 



Ollendorf in English and Spanish 

Velasques' Dictionary. English and Spanish.. 



FROM J. P. CHAVES, SANTA PE, NEW MEXICO. 
Chaves' History of New Mexico (When Completed) 



KX 


Idtro- 


ch'nge 


duct'y 


price 


price 


$ .36 


$ .60 


.30 


.50 


.50 


.84 


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sale 


price 


pric» 


.f .25 


$ .20 


.40 


.32 


.45 


.36 


.50 


.40 


.50 


.40 


.50 


.40 


.50 


.40 


.50 


.40 


.70 


.56 


.70 


.56 


.25 


.20 


.40 


.32 


.40 


.30 


.63 


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"■'72 


■"54 


.96 


.72 


List 


Con-. 




tract 


price 


pi'ice 


$ .30 


.22 


.65 


.49 




Lisc 




price 




$ .25 







Con- 
tract 
price 

$ .50 
.40 
.67 



.40 

Ex- 

ch"nge 

price 

$ .12 

.20 

.22 

.25 

.25 

.25 

.25 

25 

.35 

.35 

.12 

.24 

.22 

.38 



Ex- 

ch'nge 

price 

$ .18 

.39 

Con- 
tract 
price 
$ .18 



OF THE TERRITORY OF NEW SlExICO. 203 



YEARLY CALENDAR. 



For the convenience of County Superintendents and 
Boards of School Directors the following calendar of matters 
to be attended to during the year is appended : 

JANUARY. 

On first Monday county school superintendents shall ap- 
portion school funds. Sees. 1 526-1 558. 

On or before the first Monday all fines collected shall be 
turned into the county treasury. Sec. 1548. 

On last Saturday an examination shall be held for third 
grade certificates. Sec. 3 Chap. CXIX L. 1903. 

The first day of January is a legal hoHday. 

FEBRUARY. 

On the first Monday the district clerks shall prepare and 
post at least four lists of all persons liable to pay poll tax. Sec. 

1550- 

The 1 2th of February (Lincoln's birthday) may be ob- 
served by the schools as a legal holiday. Sec. 20, Chap. 
CXIX., Laws 1903. 

The 22nd of February (Washington's birthday) may be 
observed by the schools as a legal holiday. Sec. 20, Chap. 
CXIX., Laws 1903. 

MARCH. 

On or before third Monday the county treasurers shall 
notify county school superintendents of all funds coming into 
their hands for school purposes. Sec. 1548. 



20+ COMPILATION OF THE SCHOOL LAWS 

On or before first Monday the territorial treasurer shall 
make a complete exhibit of all moneys applicable to the sup- 
port of the common schools and shall deliver the same to the 
Superintendent of Public Instruction. Sec. 29, Chap. LXXIV,. 
Laws 1899. 

APRIL. 

On first Monday county school superintendents shall ap- 
portion school funds. Sec. 1526-1558. 

On or before the first Monday all fines collected shall be 
turned into the county treasury. Sec. 1548. 

On or before the first Monday the school district clerks 
shall report to the county clerk a complete list of all persons 
liable to pay a poll tax. Sec. 1550. 

On the first Tuesday is held the election for members of 
the city board of education. Sec. 2, Chap. IX., Laws 1903. 

MAY. 

On second Monday each year the school directors shall 
post notices of election. Sec. 1532. 

On or before the first of MJay school district clerks shall 
make report to the county school superintendent showing the 
amount of money collected and expended. Sec. 1535. 

On or before the first of May the Territorial Auditor 
shall make a levy of two mills on the dollar for paying school 
teachers, etc. Sec. 1537. 

JUNE. 

On the first Monday an election for school directors shall 
be held. Sec. 1532. See also Sec. i, Chap. LV., Laws 1901. 

On or before the third Monday the county treasurers 
shall notify the cOunty school superintendents of all funds 
coming into their hands for school purposes. Sec. 1548. 

On or before the first Monday the territorial treasurer 
shall make a complete exhibit of all moneys applicable to the 
support of the common schools and shall deliver the same to 
the Superintendent of Public Instruction. Sec. 29, Chap. 
LXXIV., Laws 1899. 

Between the first day of June and the first day of July 
the clerk of rural districts, principals or superintendents of 
city schools shall make a report to the county school superin- 



OF THE TERRITORY OF NEW MEXICO. 205 

tendent showing financial condition. Sec. 8, Chap. CXIX., 
Laws 1903. 

JULY. 

On first Monday county school superintendents shall ap- 
portion school funds. Sec. 1526- 15 58. 

The term of the directors elected in June begins on the 
first Monday of July. Sec. 1532. 

On or before the third Monday each year the directors 
shall make estimate for tax levy. Sec. 1535. 

On or before the first Monday all fines collected shall be 
turned into the county treasury. Sec. 1548. 

The fourth day of July is a legal holiday. Sec. 20, Chap. 
CXIX., Laws 1903. 

AUGUST. 

On the 15th the county school superintendents shall sub- 
mit their annual reports to the Superintendent of Public In- 
struction. Sec. 1527. 

On or before the first the city boards of education shall 
levy a tax for the support of the schools. Sec. 1577. 

The school year ends the last day of August. Sec. i, 
Chap. CXIX.. Laws 1903. 

On the first Saturday county school superintendents are 
required to be in attendance at county seat for the transaction 
of official business. Sec. 11, Chap. CXIX., Laws 1903. 

SEPTEM<BER. 

On or before the first the school directors shall make 
enumeration of all unmarried persons between the ages of 5 
and 21. Sec. 1535. 

On or before the third Monday the county treasurers 
shall notify the county school superintendents of all funds 
coming into their hands for school purposes. Sec. 1548. 

On or before the first Monday the territorial treasurer 
shall make a complete exhibit of all moneys applicable to the 
support of the common schools and shall deliver the same to 
the Superintendent of Public Instruction. Sec. 29, Chap. 
LXXIV., Laws 1899. 

The school year begins on the first day of September 



206 COMPILATION OF THE SCHOOL LAWS 

and ends on the last day of August. Sec. i, Chap. CXIX., 
Laws 1903. 

On the first Saturday county school superintendents are 
required to be in attendance at county seat for the transaction 
of official business. Sec. 11, Chap. CXIX., Laws 1903. 

OCTOBER. 

On first Monday county school superintendents shall 
apportion school fund. Sec. 1526-1558. 

On or before the first Monday all fines, collected shall be 
turned into the county treasury. Sec. 1548. 

On the first Saturday county school superintendents are 
required to be in attendance at county seat for the transaction 
of official business. Sec. 11, Chap. CXIX., Laws 1903. 

NOVEMBER. 

On the first Saturday county school superintendents are 
required to be in attendance at county seat for the transaction 
of official business. Sec. 2, Chap. CXIX., Laws 1903. 

DECEMBER. 

On the last day the Superintendent of Public Instruction 
shall prepare a report for publication. Sec. 1522. 

On or before the third Monday the county treasurer shall 
notify the county school superintendents of all funds coming 
into their hands for school purposes. Sec. 1548. 

On or before the first Monday the territorial treasurer 
shall make a complete exhibit of all moneys applicable to the 
support of the common schools and shall deliver the same to 
the Superintendent of Public Instruction. Sec. 29, Chap. 
LXXIV., Laws 1899. 

The 25th day of December is a legal holiday. 

Note. — All days designated by the proclamation of the 
governor as fast or thanksgiving days may be observed by 
the schools as legal holidays. Sec. 20, Chap. CXIX., Laws 
1903. 



COMPILATION OF THE SCHOOL LAWS 207 



INDEX. 



AGENTS— ' Sec. 

Collection ; 4142 

Real estate 4142 

Insurance 4143 

AGRICULTURAL COLLEGE— 

Board of regents, control vested In 3553 

Qualification of members of 3553 

Appointment and term of 3553 

"Vacancies in, how filled 3553 

To constitute a body corporate • 3554 

When and where to organize 3554 

Powers and duties of 3555, 3556, 3557, 3560, 3567 

Buildings, how erected 3556, 3557, 3562, 3566. 3631 

Congressional act ratified 358, 3567a 

Creation of 3551 

Curriculum of 3553 

Experiment stations to ''6 established 3557,3564 

Land for, to be donated 3557, 3565 

How supported 3567 

What money may be u d for stations 3563 

Sub-station I'or San Ji ,i County 3561 

Faculty, duties of 3560 

Located at or near Las Cruces 3551 

Management of 3560 

Non-sectarian, to be strictly 3552 

Officers of, selection of, duties 3554,3574,3575 

Board may remove 3560 

Organization of board 3554 

Pupils, board to send list to governor •. . . .Sec. 4, p. 161 

Records and itemized accounts Sec. 1-3, p. 160 

Report to governor and superintendent of public in- 
struction Sec. 18, p. 190 



208 COMPILATION OF THE SCHOOL LAWS 

APPRAISERS— 

Board of education to appoint 1602-3 

APPRENTICES— 

1473, 1479 and 1481 to 1485 

AUDITOR— 

Apportionment of school funds Sec. 29, p. 147 

Deaf and dumb school, duty of as to 3676 

Education, to levy annual tax for 1536 

Military Institute, to countersign bonds Sec. 1, p. 135 

Military Institute, tax levy to pay interest on bonds 3668 

Military Institute, tax levy for bond deficiency Sec. 3, p. 135 

Normal schools, .duties as to 3658 

. Territorial institutions to account to ' ' Sec. 1, p. 160 

To audit expenses of board of education 1559 

Draw warrants in payment for compiling and printing 

school laws Sec. 2, p. 175 

Levy tax for normal school buildings 3658 

Levy tax for orphan home at Belen Sec. 3, p. 170 

Levy tax to reimburse subscribers Sec. 7, p. 130 

ARBOR DAY— 

What day set apart as 1625a 

To be a public school holiday ; 1625a 

Governor to issue proclamation ; ■1625a 

ASSESSORS— 

Duties as to tax levies 1547, 1549, 1551 

:b 

BLIND, Institute for— 

Created and located Sec. 3, p. 155 

Act Congress, June 21, 1898, applies to Sec. 5, p. 165 

Board of trustees to manage Sec. 6, p. 165 

Duties of Sec. 7, p. 167 

Qualification and bond of Sec. 6, p. 165 

Empowered to build Sec. 13, p. 169 

To employ teachers and other employes .Sec. 7, p. 167 

To report annually Sec. 4, p. 161 

Care, support and instruction free except Sec. 8, p. 167 

Committee to select building site Sec. 12, p. 168 

BOARD OF EDUCATION, TERRITORIAL— 

How constituted 1514 

Compensation of members Sec. 3, p. 192 

Course of study for county institutes, to issue Sec. 2, p. 192 

Expenses paid, how 1559 



OF THE TERRITORY OF NEW MEXICO- 209 



May authorize two counties to unite in holding insti- 
tute Sec. 4, p. 186 

Proceedings of when evidence 1516 

Shall prepare examination papers 1526 

Teachers' certificates 

May issue Sec. 1, p. 196 

May revoke Sec. 2, p. 192 

May renew 1526 

BOARD OF EDUCATION, cities and towns (see cities and towns.) 

BONDS 

Denominations Sec. 3, p. 199 

Interest Sec. 3, p. 199 

Levy to pay interest on Sec. 4j p. 199 

Maturity Sec. 3, p. 199 

To issue when Sec. 3, p. 199 

To determine indebtedness 285, 289 

Unlav/ful to contract certain debts 299 

Debts contracted by, validity of Sec. 2, p. 199 

BONDS— 

All property subject to levy for 1544 

Bond issue to be registered 1590 

Boundaries of district to be established before issuance 

of bonds ; 1545 

Contractor may receive at face value 1542 

Coupons to be paid promptly 1588 

County treasurer chargeable with 1542 

Directors may cause an issuance, how 1541, 1542 

Directors may call an election on issuance of 1542 

Form of bond 32S 

For city or town schools 1584 

For grounds and buildings authorized 1584 

How cancelled and preserved 298 

How executed and what to specify 1586 

How executed and approved 1542 

How registered and recorded 294 

How sold, disposition of proceeds , 1542 

Interest on, when payable ^ 295, 1584 

In case of failure to vote . . . .y Sec. 2, p. 144 

Issued to adjudged claimant, to bear interest 292 

May be refunded and how Sec. 2-3, p. 162 

Mayor of city to call election on issuance of 1585 

Not to issue until subxnitted to vote 1584 

persons entitled to coupons 291 

Required to be refunded 13, 26 

Sinking fund provided for 1542, 1587 



210 COMPILATION OF THE SCHOOL LAWS 

School fund pledged to payment of interest 1589 

Terms, disposition of 293, 1542 

To issue in lieu of execution 290 

Validated and legalized Sec. 1, p. 162 

What not to issue after August, 1897 306 

Bonded indebtedness 297 

BOOKS— 

For indigent pupils 1555 

History of New Mexico to be adopted Sec. 4, p. 174 

Territorial board to adopt 1593 

BOUNDARIES, of school districts- 
How established 1545, 1546 

How changed 1541 

BUILDINGS— 

EducationaJ, burning of certain classes 1103 

Larceny from 1113, 1114 

o 

CENSUS — 

Of school children 1535 

CERTIFICATES (see Teachers)— 

€LBRKS— 

Election of 1570 

Duties of 1575 

To give bond 1575, 1591 

Collect and report poll tax 1549, 1550 

Publish compulsory education act 1555 

Register warrants 1590 

Register bond issue 1590 

Report deaf and dumb persons Sec. 4, p. 142 

Report to county superintendent Sec. 8, p. 1535-1550 

CITIES AND TOWNS— 

All school property to be exempt from taxation 1583 

Board, when and how elected Sec. 2-3, p. 172 

Authorized to issue bonds if voters so declare 1584 

To employ superintendent Sec. 3, p. 153 

To elect officers 1569, 1570 

To levy tax Sec. 3, p. 153 

To request mayor to call election when 1585 

May hold special institutes Sec. 3, p. 153 

Members of, not to receive pay 1575 

Powers of 1564, 1569 

Report of, to be printed and distributed 1580 

Qualifications of members of 1567 

Sessions of when to be held 1579 

Special sessions of may be called 1579 

Tax levy, property subject to 1577, 1578 



OF THE TERRITORY OF NEW MEXICO. 211 



Members of, term of office 1567 

Vacancy in, how filled 1533, 1568 

iPresident of, duties of I573 

Vice president, duty of I574 

Expenditure of, limited 1581 

May elect a clerk, pay of I57O 

Clerk of, to give bond and file bond 1576, 1591 

Clerk of, duties of 1535,1549,1550,1575,1577,1590 

Oath, of member 1591 

Bank to pay interest on average balance 1571 

Bond, treasurer, duties of 1571 

Bonds how signed and attested 1586 

Bonds may be refunded and how Sees. 2, 3, p. 162 

Bonds validated and legalized Sec. 1. p. 162 

City treasurer to be treasurer of board 1571 

Children under seven may be excluded 1562 

Deed for property how executed 1566 

Election of board of education Sec. 2, p. 173, 1567 

Free schools to be maintained in 1562 

Interest coupons to be promptly paid 1588 

May sue and be sued 1564 

Members of council and town trustees ineligible 1576 

Property not to be transferred except when 1592 

Required to refund bonds Sees. 13, 26, p. 146 

School age of children 1535, 1562 

School boards of bodies corporate 1564 

School fund and property pledged to payment of interest 1589 

School law applicable to 1561 

School property to be deeded to board 1565 

Schools to be non-sectarian 1582 

Santa Fe authorized to issue bonds Sec. 1, p. 179 

Taxes, how paid, disposition of proceeds 1578 

Tax levy to pay interest on bonds, create sinking fund. . . 1587 

Territory outside, may be attached, how 1563 

Time schools are to be kept open 1562 

COMPILATION OF SCHOOL LAWS— 

Supt. public instruction to compile and print 1, p. 175 

Appropriation for printing and compiling 2, p. 175 

Distribution of copies 3, p. 175 

County, how described in suits 321, 322 

CONVEYANCE OF LAND— Execution of 1611 

COUNTY COMMISSIONERS— 

Unlawful to contract certain debts 299 

To determine indebtedness Sees. 285,287,288 

To examine into sufficiency of county officers bonds ... 687 



2i2 COMPILATION OP THE SCHOOL LAWS 

To levy tax 380 

To pay claimants amount allowed 303 

Persons indebted to counties to make settlement with.. 684 
COUNTIES— 

Divided into classes Sec. 1, p. 195 

CONDEMNATION— 

Of land for school purposes 1553 

COMPULSORY ATTENDANCE— 

Of pupils 1555 

COfUPONS— 

Interest to he paid promptly on 1588 

COUNTY OFFICERS, not to act as sureties 845 

Not allowed to speculate in territorial or county indebt- 
edness 405 

Salaries to be reduced, when 300 

To be paid pro rata, when 301 

Terms of, to begin, when 1699 

COUNTY SURVEYOR— Interfering with his official duties . . 791 

E) 

DEAF AND DUMB SCHOOL— 

Auditor duty as to 3675 

Bonds how signed and attested 1586 

Creation of school 3675 

Duty of, to provide buildings 3675 

Duty as to non-indigent pupils 3674 

Expenses of, how paid 3675 

Territorial school to be a 3675, 3677 

DEAF AND DUMB, New Mexico Asylum — 

(Act of legislature 1899) 

Board of trustees, powers of, to make report. .^ 2, p. 140 

Census of deaf and mute to be made 4, p. 142 

Compulsory attendance of pupils. Sec. 1555 C. L. made 

applicable \ 4, p. 142 

Donation of land by congress accepted 2, 140 

Indians admitted, on what terms Sec. 3, p. 142 

Name of institution changed 1, p. 140 

Supt. public instruction a trustee 2, 140 

Terms of admission 3, p. 142 

Trustees appointed by governor 2, p. 140 

(Act of legislature 1903.) 



OF THE TERRITORY OF NEW MEXICO. 213 

Act of congress June 21, 1898, applies 5, p. 165 

Created 1^ p. i64 

Board of trustees to manage 6, p. 165 

Duties of Sec. 7. p. 167 

Qualification and bond Sec. 6, p. 165 

Empowered ta build Sec. 13, p. 169 

Keep record and itemized accounts Sec. 1, p. 160 

List of pupils to be sent to governor Sec. 4, p. 161 

DIPLOMAS AND DEGREES— 1624, 1625 

DIRECTORS, School- 
Authorized to issue bonds 279. 381 

Board of organization of 1533 

Bonds — 

Denomination, interest, maturity Sec. 3, p. 199 

Levy to pay interest on Sec. 4. p. 199 

To issue when Sec. 2, p. 199 

Borrow money authorized to, when 1541 

Clerk to make census of deaf and dumb Sec. 4, p. 142 

To report to county superintendent, penalty for fail- 
ure Sec. 8, p. 187, 

Compensation of Sec. 1549 

Duty of concerning enumeration Sec. 1549 

Debts contracted by, validity of Sec. 1, p. 198 

Election of 1532, 1563, 1567 and Sees. 1, 2, 3, p. 158 

Enumeration to make Sec. 1, p. 191 

Enumeration, penalty for making fal§.e Sec. 2, p. 193 

Failure to perform duty, penalty 1535 

Failure to report, penalty 1535 

Flag display of, duty to provide for Sec. 2, p. 194 

Flag day exercises. Superintendent of jFublic Instruction 

to furnish program Sec. 4, p. 194 

Flag, United States to procure Sec. 1, p. 193 

May be removed when 532, 1535, Sec. 1, p. 144 

May sue and be sued under name of district 1530 

Not to be interested in contract Sec. 7, p. 187 

Powers and duties 1533, 1535 

To accompany vouchers with itemized accounts ....Sec. 9, p. 188 

Call election on issuance of bond's 1542 and Sec. 1, p. 144 

Defray contingent expenses 1535 

Certify result of election, penalty for failure 1532 

Enumerate school childi'en 1535 and Sec. 1, p. 192 

Be judges of election 1532 

To determine indebtedness 285 to 288 p. 1416 

Levy tax 1534 

Levy special tax for sinking fund 1543 



214 COMPILATION OF THE SCHOOL LAWS 

Meet at least once every thirty days Sec. 11, p. 189 

Make estimate for tax levy 1535 

Pay school teachers 1535 

Post notices of election, penalty for failure 1532 

PVovide fuel 1534 

Provide for interest on school bonds 1535 

provide school house sites and houses 1534, 1535 

Purchase or lease suitable sites 1535 

Refund indebtedness and issue bonds Sec. 13. 26, p. 146 

Report of county superintendent 1535 

Require bond from contractors Sec. 7, p. 189 

Vacancy, how filled 1533 

ELECTION DAY 1698 

Illegal to sell, use of free liquor ' 1272 

ELECTIONS— (See cities and directors) 

Of directors 1, 2. 3, p. 158. 1532, 1563, 1567 

Of member of board of education Sec. 2, 1567, p. 172 

EMBEZZLERS 1126 

ENUMERATORS— (See school directors.) 

Penalty for making false enumeration 2 p. 193 

ESTRAYS 138, 176 

EXAMINATIONS— (See teachers.) 



FINES— 1389 

FLAG — 

Display of, directors to provide for 2, p. 194 

School directors to procure TJ. S. flag 1, p. 193" 

Fire arms, travelers may carry 1384 

Firemen exempt from certain taxes 1763 

FUNDS— (See also taxation.) 

Apportionment of 1517, 1558 

Apportionment by territorial superintendent 29, p. 148 

Arising from fines imposed on liquor dealers and 

gamblers ,. 5, p. 151 

arising from sale of lots, paid where 1608 

Arising from sale or lease of public lands 7. 29, p. 147 

County treasurer to notify county supt. of amount 1548 

Derived from general levy, paid where and apportioned. 1558 

Officer collecting to turn over to county treasurer 1548 

Officer failing to turn over, or report, penalty 1548 



OF THE TERRITORY OF NEW MEXICO. 215 

Temporary, what are 1548 

County, unlawful use of 1125 

City, unlawful use of 1125 

Precinct, unlawful use of 1125 

Territorial, unlawful use of 1125 

G 

GAMING TABLES— 

Tax for 1305 

GOVERNOR— 

May remove county superintendent 14, p. 190 

May remove tax collector, when 1540 

Any school officer, when 6, p. 156 

To appoint supt. of public instruction 1516 

To be member of teritorial board 1514 

GRAND JURY— 

Special charge to by court 1548, 1555 

GUARDIAN, natural 1437 

Probate court may direct guardian to educate ward 1447 

To make annual statements 1471 

HOUSES, School- 
Buildings of, how erected 1, p. 144 

Bonds for, how voted 1541, 1542 

Failure to vote 2, p. 144 

Condemnation of land for 1553 

Insurance of 4, p. 178 

Location of 1552 

Manner of utilizing surplus funds 1, 3, p. 176 

Residents may petition for 1, p. 144 

Superintendent, duty on presentation 2, p. 144 

Surplus from general fund may be applied to building of 1, p. 144 

Territorial superintendent to enforce building of 3, p. 178 

When surplus moneys are sufficient to complete 3, p. 178 

Habitual drunkards 1911 

Hotel keepers, tax for 4144 

HIGH SCHOOLS— 

May be established when 1569 

HISTORY OP NEW MEXICO^ 

To be written by J. Franco Chaves 1, p. 173 

To be adopted as text book when approved by territorial 
board' 1, 4, p. 174 

HOLIDAYS— 

1625a and Sec. 20, p. 191 



216 COMPILATION OF THE SCHOOL LAWS 

I 

INDEBTEDNESS— 

Void, valid, when 302 

INSTITUTES— (See Normal Schools and Teachers.) 

J 

JUDGES OF DISTRICT COURTS— 

Special charge to be made to grand jury 1548-15!riS 

To appoint members of examining board 1526 

JOINTS— 

Opium or hop 1263 

JUSTICES OF THE PEACE— 

Duty of concerning orphans and poor children 1472 

To cause streets to be cleaned 2678 

k: 

KEEPERS— 

Hotel, Saloon, and Dance Hall to post law concerning 

deadly weapons 1368 

Saloon, allowing minors to play games, penalty 1268 

LANDS— 

Public, unlawful to make enclosures, etc 1295,1296,1298 

Private enclosures 1297 

Land grants (community) 2128 

LICENSES— 

Liquor, taxes 4125 

Nickle-in-the-slot machine operators to pay 4152 

Tax, application for 4147 

Tax penalty for failure to pay 4149 

Taxes 4141 

Livery stables, tax for 4144 

MILITARY INSTITUTE, New Mexico- 
Adjutant general to Inspect annually Sec. 4, p. 138 

Appointment of, term of 3661 

Auditor to levy tax for 3668 

Board of regents to control 3661 

To serve without compensation 3661 

Bond issue authorized 3667 

Bonds, issue of Sec. 1, p. 134 



OF THE TERRITORY OF NEW MEXICO. 217 



Proceeds to be expended, how Sec. 2, p. 135 

Bonds, proceeds of, how used 3668, 3669 

Cadets, appointment of Sec. 6, p. 137 

Commission to cadets having highest standing Sec. 5, p. 139 

Creation of, location of yggy 

I>eeds for, how executed 3666 

^"ties of 3663, 3665, 3669 

Government and discipline Sec. 1, 5, p. 137 

Governor and superintendent of public instruction ex- 

officio members 366i 

Lands of, may dispose of 366.5 

Lands to be sold in redeemed bonds, when Sec. 5, p. 136 

List of pupils to be sent to governor Sec. 4, p. 161 

Organization of 3662 

Record and itemized accounts to be kept Sec. 1, p. 160 

Report in duplicate to be rendered governor and super- 
intendent of public instruction Sec. 18, p. 190 

Stores to be kept, how Sec. 3, p. 138 

Tax levy for bond deficiency Sec. 3, p. 135 

Treasurer of territory to pay interest on bonds Sec. 4, p. 136 

Tuition free, board may charge 3671 

Minor children, adoption of • 1496 

Unlawful to dispose of property without making pro- 
vision for education of 2055a 

in: 

NORMAL SCHOOL (County) 

Attendance of teachers compulsory 1613 

Appropriation to reimburse citizens Sec. 7, p. 130 

Branches to be taught 3655 

Claims on, how paid 1616 

County superintendent to hold annually 1612 

To account to treasurer 1 615 

County treasurer to be custodian of 1614 

Expen^'es of, how paid 1613 

Fund, hew created 161 4 

Funds not lo be used for expenses Sec. 1, p. 191 

Funds io be set apart by county treasurer Sec. L p. 191 

Territorial board to issue course of study Sec. 2, p. 192 

Two counties may unite in holding Sec. 4, p. 186 

NORMAL SCHOOLS OF NEW MEXICO— 

Auditor to levy tax for buildings 3658 

Corporate powers of 3652 

Creation of and established where 3650 



218 COMPILATION OF THE SCHOOL LAWS 

Diplomas, effect of 3659 

Election of officers, when 3653 

Las Vegas, where to be located in 3651 

Lands, to receive certain Sec. 1, p. 131 

President of board, duties of 3656 

Pupils, to send list to governor Sec. 4, p. 161 

Records and itemized! accounts to be kept Sec. 1-3, p. 169 

Regents to send list of pupils to governor Sec. 4, p. 161 

Organization of, qualifications of 3653 

To be in control of 3652 

Sessions of, when 3653, 3654 

Powers of 3655 

Compensation of ' 3657 

Majority of, quorum 3654 

Secretary and treasurer, duties of 3656 

To give bond 3653 

Silver City, where to be located 3651 

NORMAL UNIVERSITY, The New Mexico- 
Diplomas, concerning 3659 

Lands to receive benefit of certain Sec. 1, p. 131 

Manual training, kindergarten training Sec. 2, p. 129 

Name changed Sec. 1, p. 129 

Non-sectarian Sec. 1, p. 129 

Records and itemized accounts to keep Sec. 1-3, p. 160 

Report to governor and superintendent of public in- 
struction respecting 3655 

o 

OFFICERS— 

District 843 

Unable to read and write illegible 857 

Organic Act Sec. 15, p. 3 

ORPHANS— 

Duty and probate judge in relation to 1622 

ORPHAN'S HOME AND INDUSTRIAL SCHOOL— 

Sisters Charity, Santa Fe, provisions as to 1617, 1622 

ORPHAN CHILDREN'S HOME: (At Belen)— 

Provisions as to Sec. 1, p. 170 

PROBATE CLERKS— 

To subscribe for and preserve newspapers 768,769,771 

Pawnbrokers, tax for 4145 

Private fences, illegal to open, penalty 1825 



OF THE TERRITORY OF NEW MEXICO. 219 

PROBATE JUDGE— 

Duty of in relation to orphans 1622 

Duty of in relation to indigent deaf and dumb Sec. 4, p. 142 

PUPILS— 

Actual residents to attend school 1556 

Compulsory attendance 1555 

Race or nationsClity, no distinction to be made on account 

of 1556 

School, age of 1536, 1532 

Unlawful to sell liquor or tobacco to Sec. 1, p. 150 

To permit them to play at games of chance Sec. 2, p. 150 

To permit them to loiter in saloons Sec. 3, p. 151 

Vaccination of Sec. 26, p. 152 

Vaccination of Sec. 29, p. 184 

Vaccination of indigent Sec. 27, p. 153 

Vaccination of indigent Sec. 30, p. 185 

Vaccine matter provided at cost of authorities Sec. 31, p. 185 

Q 

QUAY COUNTY— 

Commissioners to divide into districts and appoint offi- 
cers Sec. 3, p. 172 

Until appointment of officers, authorities of Guadalupe 

and Union Counties to act Sec. 13, p. 172 

REFORM SCHOOL— 

Act of Congress, June 21, 1898, applies to Sec. 5, p. 165 

Board of trustees to manage Sec. 6, p. 165 

Duty of courts Sec. 10, p. 167 

Qualification and bond of Sec. 6, p. 165 

Duties of Sec. 7, p. 167 

Empowered to build Sec. 13, p. 169 

To keep record and itemized accounts Sec. 1, p. 160 

To employ superintendent and other employes Sec. 7, p. 167 

Report annually list of pupils Sec. 4, p. 161 

TJause for confinement in Sec. 10, p. 167 

Committee to select building site Sec. 12, p. 168 

Established and located Sec. 2, p. 164 

Inmates to perform useful labor Sec. 11, p. 168 

Restaurant keepers, tax for 4144 

REVENUE (See funds)— 

Sources of ^^^^ 



220 COMPILATION OF THE SCHOOL LAWS 

ROOSEVELT COUNTY— 

Commissioners to divide into districts and appoint offi- 
cers Sec. 3, p. 171 

Unpaid taxes and licenses — proportion to school fund Sec. 9, p. 171 

SANDO'VAL COUNTY— 

Districts and officers changed Sec. 10, p. 174 

SANTE FE, City of 

Board of education to provide ground, etc. Sec. 5, p. 182 

Bond issue to erect school building Sec. 1, p. 179 

Donation of land Sec. 6, p. 182 

Election to be called Sec. 1, p. 179 

Material and labor to be furnished by penitentiary . .Sec. 4, p. 181 

Sale of bonds Sec. 3, p. 180 

Special tax to pay interest on Sec. 2, p. 180 

SCHOOL OF MINES— 

Board of trustees, constituted how 3594 

Majority of, quorum '. 3594 

To keep record and itemized accounts Sec. 1, p. 160 

Officers of board of trustees may remove 3601 

Board of trustees, powers of 3594, 3598 

Organization of 3595 

Secretary and treasurer. 3595, 3597 

Report to be made to governor and superintendent of 

public instruction Sec. 18, p. 190 

Pupils, list of to send to governor Sec. 4, p. 161 

Duties and powers of 3594, 3598 

Diplomas and degrees 3600, 3659 

Fees for assays and other services 3603 

Government of 3599 

Land for, to be donated 3592 

Lands, to receive benefit from Sec. 2, p. 131 

Location of 3592 

Management of 3594 

Objects of schools 3592 

President, duties of 3596 

P'reparatory department 3605 

Tuition, provision as to 3602, 3605 

SCHOOL DISTRICTS— 

Bonds issued, binding on, when Sec. 1541, C. L. 1894 

Not to incur indebtedness 382 

SCHOOLS, Public- 
Flag day Sec. 3, p. 194 



OF THE TERRITORY OF NEW MExiCO. 221 

Sec. 2, Chap. 27, L. 1901a Sec. 3, p. 197 

Sec. 2, Chap, 119, L. 1903a Sec. 6, p. 198 

SCHOOL, SECTIONS— 

Unlawful to cut timber on Sec. 1, p. 176 

Preference right to lease or purchase Sec. 30, p. 148 

Schools, military, superintendent to serve on governor's 

staff 2279 

School year, what shall he Sec. 1, p. 185 

Sinking fund °. . 296 

Societies, literary, debating, and scientific, may elect 

officers, have seal 467 

Provisions for organization 462 

To be a body corporate 463, 4b6 

Trustees of 459, 460, 461 

SOLDIERS, ex-U. S.— 

Preference right of Sec. 30, p. 148 

Stage lines, tax for 4144 

Stock ranges 128, 129 

Streets, illegal to impede travel on 2677 

Sunday, definition of 1372 

Certain labors permissable 1370 

Sports .1369, 1374 

SUPERINTENDENT (County) — 

Disbursement of institute funds 1616 

Duty of on failure of bond issue Sec. 2, p. 144 

Duty of presentation of petition to build school house Sec. 2, p. 144 

Compensation of, Sec. 6, Chap. 27, Laws 1901 Sec. 5-6, p. 154 

Sec. 6, Chap. 27, L. 1901 R Sec. 2, p. 154 

Conductors of normal institutes to appoint Sec. 5, p. 198 

Salaries of Sec. 5, p. 195 

Temporary permits to teach, to issue, when Sec. 4, p. 197 

Failure to make apportionment and report, penalty . . Sec. 4, p. 184 

May be removed by governor Sec. 14, p. 189 

Not to be interested in contract Sec. 7, p. 187 

How elected 1524 

May be suspended by territorial superintendent Sec. 14, p. 189 

Oath and bond of 1525 

Paying teachers not qualified, penalty 1526 

Penalty for violating rules of territorial board 1596 

Penalty for failure to give bond Sec. 3, p. 184 

Per diem of superintendent Sec. 6, p. 154 

Term of office 1524 

To report to territorial superintendent annually 1527 

Apportion school funds Sec. 15, p. 189 



222 COMPILATION OF THE SCHOOL LAWS 

Apportion school fund 1526, 1558 

Approve bonds Issued 1542 

Account to treasurer for moneys 1615 

Be at county seat when Sec. 11, p, 188 

Call election on issuance of school house bonds Sec. 1, p. 144 

Examine director's accounts Sec. 11, p. 188 

Failure to make annual report, penalty Sec. 14, p. 189 

Give bond within thirty days Sec. 1, p, 183 

Grant certificates. Chap. 119, Sec. 3 1526 

Hold normal schools 1612 

Hold teachers' examinations 1526 

Post notice of formation of district 1527 

Refuse certificates when 1613 

Reject illegal warrants of directors Sec. 12, p. 189 

Remove director who fails to make census Sec. 13, p. 189 

Transmit funds derived from institutes 1615 

Visit schools 1526 

Require directors to comply with provisions of Sec 1555 

Vaccination of children Sees. 26, 27, p. 152-153 

Vaccination of children Sees. 29, 30, 31, p. 184-185 

SUiPBRINTENDENT (City Schools)— 

Board may employ Sec. 3, p. 153 

Term of employment not to exceed two years Sec. 16, p. 190 

To hold special teachers' institutes Sec. 3, p. 153 

Report to county superintendent Sec. 8, p. 187 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Office created 1516 

Official oath 1519 

Duties of 1516, 1519, 1523 

How appointed, term 1516 

County superintendent to report to Sec. 14, p. 189 

May suspehd when Sec. 14, p. 189 

Flag day exercises, duty to prepare program Sec. 3, p. 194 

Official acts of. how certified 1523 

Certified, when evidence 1523 

I Officers of territorial institutions to report to Sec. 18, p. 190 

Permits to teach, temporary, when to issue Sec. 4, p. 197 

Report, what to contain 1522 

To be secretary of board of education 1516 

Trustee of deaf and dumb asylum Sec. 2, p. 140 

Visit each county annually 1519 

Recommend text books 1520 

Prepare forms and blanks 1521 

P'repare and publish annual report 1522 



OF THE TERRITORY OF NEW MEXICO. 223 

Have office at seat of government 1523 

Turn over property to successor 1523 

Enforce Chapter 46, Laws 1899 Sec. 3, p. 144 

Make apportionment of territorial funds Sec. 29, p. 147 

Notify county superintendent of cases of tuberculosis Sec. 1, p. 156 
Compile and print school laws Sec. 1, p. 175 

or 

TAXATION— 

Taxes, how collected and apportioned 1537 

Taxes, proceeds, disposition of 1578 

Exemption from Sec. 1, p. 159 

Special, to keep account 1540 

Tax collector, failing to turn over funds, penalty 1540 

Levy to be voted upon 1535 

Auditor to make annual 1537 

Special by district board 1543 

Property subject to 1544 

Special not to be made until 1545 

Poll 1549. 1551 

To pay interest on bonds 1587 

City boards to make Sees. 1577, 3, p. 153 

TEACHERS— 

Certificates, first and second grade 1526 

Certificates, third grade Sec. 3, p. 186 

Certificates of attendance on normal or summer school 

required 1526, 1613 

Certificates of health to be filed Sec. 2-3, p. 154 

Of physician to hold Sec. 2-3, p. 154 

Revoked when Sec. 2, p. 192 

In incorporated cities and towns board may issue 1526 

Examinations, time for holding Sec. 1526, p. 60 

Examinations, special 1526 

Examination of 1526 

Examination of for tuberculosis Sec. 6, 2, 3, 5, p. 154 

Failure to report, penalty Sec. 14, p. 189 

Grade average required 1526 

Institutes, how held. Sec. 3 1519 

To attend teachers' institutes 1612, 1613 

Be paid, when 1536 

Be free from tuberculosis Sec. 1, p. 154 

Make reports to and when 1536 

Keep a record 1536 

See that children are vaccinated Sec. 29, p. 184 



224 COMPILATION OF THE SCHOOL LAWS 



Rejected by physician, shall apply to fio Other Sec. 2, p. 157 

Sec. 3, Chap. 119, Laws 1903 .Sec. 6, p. 187 

TERRITORIAL INSTITUTIONS— 

Funds derived from lands, authorized to expend .. Sec. 72, p. 196 
Boards, funds to be expended under direction of Sec. 72, p. 196 

TOWNS (See Cities)— 

TOBACCO (See Pupils)— 

TREASURER (County)— 

To notify county superintendent of funds on hand 1548 

Give bond as custodian of school fund 1538 

Set aside funds to build school houses, when Sec. 2, p. 144 

TUBERCULOSIS (See Teachers)— 

XJ 

UNIVERSITY OF NEW MEXICO— 

Board of regents, control vested in 3571 

Qualifications of '. 3571 

How appointed 3571, 3572 

How organized 3574 

Powers of board 3576, 3586 

President, duties of 3575 

Secretary to give bond 3574 

To be a body corporate . . . : 3573 

Buildings, board may contract for 3582 

When completed, may be purchased 3585 

Commissioners to select land 3587 

Duties of 3588, 3591 

Curriculum, as prescribed by board 3578 

Diplomas and degrees 3578, 3559 

Departments of 3577 

Faculty, departments to be entrusted to 3578 

Grounds, board may lease part of 3583 

Lands for, how to be selected 3587. 3591 

Location of, where 3568 

Non-sectarian to be 3580 

Objects of university 3570 

Officers of 3574. 3575. 3578 

Board may remove 3578 

Pupils of, who may be 3579 

Pupils, to send list to governor Sec. 4, p. 161 

Quorum, what to constitute 3581 

Report, board to make annual to governor Sec. 18, p. 190 

Records and itemized accounts to be kept Sec. 1, 3, p. 160 

State institutions, to be when 3569 



OF THE TERRITORY OF NEW MEXICO. 22^ 

Taxation, building exempt from 3584 

Territory, when not liable 35^6 

U. S. STATUTES— 

Concerning alcoholic drinks p. 4 

County debts p. 7 

Lieu lands p. 8 

Private charters p. 7 

Right of citizens to vote p. 8 

Religious corporations p. S 

School lands p. 9 

School sections p. 10 

Territorial indebtedness p. 6 

V 

VACCINATION (See Pupils)— 

WARRANTS— 

Costs in suits for adjustment 324 

Calling warrants for payment 402, 403, 404 

Holders may accept bonds 322 

If lost may be duplicated 399, 400 

Issued prior to Feb. 26. 1891. holders may bring suit 319, 322 

To be registered 1590 

To burn all warrants 402. 403, 404 

Waterworks within disincorporated municipalities 2511 

Weapons, deadly 1377, 1383 

Year current 304 

Year current, fund for 305 



LE S '09 



